Contribution
I beg to move,
That this House has considered e-petition 763161 relating to surrogacy law and legal parenthood.
It is always a pleasure to serve with you in the Chair, Mr Pritchard, and I am sure today will be no different. The petition calls for a change in the law so that the intended parents of babies born through surrogacy can be considered to be the legal parents from the moment of their child’s birth. Under current law, that is not possible. Intended parents must go through a months-long process in the courts and be visited by a social worker before they are considered to be the parents of the children in the eyes of the law.
Ahead of this debate, I met the petition’s creator, Adam, his fiancé, Jamie, and their daughter, Leven, who was born via surrogacy in Connecticut. I am pleased to say that Adam and Jamie have joined us in the Public Gallery today. Although baby Leven has not joined them, she made a cameo appearance on our call ahead of the debate. Adam and Jamie are listed as Leven’s parents on her birth certificate in the United States, but more than six months after her birth, they still are not recognised as her legal parents at home in the UK. That is what prompted Adam to create this petition. When we met, he said,
“We’re changing Leven’s nappies, we’re putting her to bed—we are her parents, we’re bringing her up”
and yet he says that babies like her are in “legal limbo” under current legislation.
My role today is to introduce the petition by setting out the petitioners’ views and framing the debate to follow. It is good to see so much interest from Members across the House. In preparation, as well as meeting Adam, I have drawn on the expertise of a range of organisations and individuals, with the expert support of the petitions team. They are often not thanked enough, so I place on record my thanks to the entire team for their support in preparing for the debate.
We met groups such as Surrogacy Concern, Stop Surrogacy Now UK and Brilliant Beginnings, and Dr Herjeet Marway of the University of Birmingham, who is the founding chairperson of SurrogacyUK’s ethics committee. We also met Professor Nick Hopkins of University College London, a former law commissioner for England and Wales, and Professor Gillian Black of the Scottish Law Commission and the University of Edinburgh. Together, they authored the joint Law Commission report on surrogacy reform, which was published in 2023. I will start with the current state of the law and the reforms proposed by that Law Commission report.
When a child is born to parents via surrogacy, whether in this country or abroad, as baby Leven was, the surrogate mother is considered the legal mother at birth under UK law. If she is married or in a civil partnership, her partner will automatically be the second parent on the birth certificate, irrespective of the child’s genetics. There are children out there today whose parents, as considered under UK law, have no genetic relationship to the child at all. That is because in UK law, the person who gives birth to a baby, and no one else, is considered the mother. That has led to a complicated reality in today’s world, where a growing share of babies are not born via natural conception.
If you give birth using a donor egg, you are considered to be the child’s mother in the eyes of the law. But if you cannot carry a baby, and if you and your partner have an embryo that is biologically yours carried by a surrogate, you are not considered to be the legal parents when your child is born. Intended parents and their surrogates can draft a surrogacy agreement setting out how they want parental rights to be arranged for the child, but those documents have no legal standing in the UK.
To become legal parents, intended parents must apply for a parental order through the courts. They have to make that application between six weeks and six months after the baby’s birth. Organisations that specialise in assisting intended parents say that the process normally takes between six and 12 months to complete. In that time, the baby will almost invariably be living with the intended parents, but legally, they are strangers to that child.