Contribution
It is a real pleasure to serve under your chairship, Mr Pritchard. I thank the hon. Member for Lichfield (Dave Robertson) for introducing the debate on this petition on behalf of the Petitions Committee. As the DUP’s health spokesperson, I am particularly interested in advocating for the protection of the women and children at the heart of this process. Although health and social care are devolved, surrogacy policy is a reserved matter and is decided by Westminster. The thrust of my concern and contribution to this debate is more about urging caution to ensure that, while we need to legislate for the new scenarios that we face in modern life, protection is in place and the legislation is thoroughly considered. I think that reflects the opinion of most of us who are putting forward points in the debate.
I recognise that surrogacy can be a lifeline for those struggling with infertility or who are unable to have children themselves. Surrogacy can no doubt represent an extraordinary act of kindness where a woman chooses to help a friend or family member to fulfil their dream of becoming a parent. However, I must stress that I have significant concerns about the increasing commercialisation of surrogacy. I have spoken on this issue in a separate debate in Westminster Hall and I want to reiterate the concerns that I expressed then. An important distinction must be made between the women who voluntarily agree to carry a child for someone they know, perhaps with reasonable expenses being covered, and the wholly exploitative system whereby a woman’s womb becomes a service that can be bought. That concerns me greatly.
The background information that we got from the House of Commons Library—we always thank the Library for its contributions—refers to the international and regional human rights relevant to surrogacy: the right to respect for family life, the rights of the child, women’s rights, the right to equality and non-discrimination, the right to dignity, and protection from human trafficking. A number of issues were outlined in the background information that we got from the Library. We must tread very carefully to not contribute to a market that preys on the financially vulnerable and pressures them to use their bodies for the benefit of others. Compensation for genuine expenses incurred in carrying a baby is one thing; paying a woman for carrying a baby is quite another. The distinction becomes increasingly blurred—the hon. Members for Leicester East (Shivani Raja) and for South West Devon (Rebecca Smith) both made contributions on this, and I would echo them—when payments for carrying a child are disguised as expenses. There must be no room for ambiguity in this process. I should have welcomed the Minister to her place. We wish her well in the role that she now plays, and we look forward to her responses to our concerns.
In my intervention on the hon. Member for Lichfield, I referred to the practical hurdles, such as registering the child with a GP, making critical medical decisions for a child who may have complex medical needs, and applying for a passport. Prolonged uncertainty is not in the best interests of the child, nor is it fair to the families who have planned for, prayed for and loved that baby from the beginning. Does the Minister not agree that access to these scientific advances means that we must regulate well for them? That is the thrust of what I am putting forward.
I must also raise my wider concerns about the rapidly growing fertility market, as young women are being encouraged to donate their eggs in return for compensation. In fact, it is the clinics themselves that profit most substantially from the donation, and clinics take advantage —I say this with respect—of those who may be in financial difficulties or who need the money. I would argue that sufficient information is not being provided to these women about the potential long-term health consequences of egg retrieval. I am deeply grieved by any idea that promotes fertility as something that can be bought and sold. That is wrong, and I put that on the record.
The concerns that I have outlined become even more significant when we look internationally. Commercial surrogacy is illegal in the UK but permitted in some countries abroad, leading many UK couples to circumvent the law by using a surrogate abroad. That leaves room for exploitation, as the UK Government cannot control the protections available to those surrogate mothers. I ask the Minister what is being done to close those loopholes. We should legislate, if necessary, to ensure that protection is in place. Will any Government action extend to Northern Ireland? I understand that it will, because the matter is not devolved from Westminster. Therefore, if the Government take a decision here, it will apply to us, but I am keen to have that confirmed.
That brings me to the petition, which calls for the intended parents to become the legal parents of the child from birth, rather than having to go through a parental order process. In the Strangford constituency, 131 people have signed the petition. They did so for a simple reason—because they have concerns. I want to reflect their opinion on this process. I can understand why some families may want to simplify the process, and there is perhaps a balance to be achieved. However, does the Minister agree that any reforms cannot be allowed to come at the expense of safeguards for surrogate mothers and the children themselves? The Minister is a compassionate lady—I say that in all honesty and know it to be the case. In my dealings with her over the years, I have always found her to be of that opinion, but we need some reassurance.
Surrogacy should remain an incredible act of generosity. It cannot be anything else—not a commercial transaction that risks exploiting vulnerable women and commodifying their children. That can never happen. With that in mind, I look forward to the Minister’s answers.