Jess Brown-Fuller

Jess Brown-Fuller

Liberal Democrat — Chichester

Speaking in the House of Commons on 7 September 2026

Debate

Surrogacy Law and Legal Parenthood

Contribution

My hon. Friend pre-empts what I will go on to say, but he also makes an important point. If I chose to be a surrogate for a friend or a family member, I think my husband would be pretty shocked at being named as the father on a birth certificate, when it was my decision to be a surrogate. Regardless of where we sit in this argument, I think we can all agree that that does not make any sense. I commend Adam and Jamie for their bravery in sharing their journey to parenthood and the additional challenges that they have faced in securing their rights, which they are already recognised as having in the US, as their daughter’s parents. The journey they took is more common today. Around 500 babies are born through surrogacy to UK parents every year, and nearly three quarters are now born through international surrogacy. The most popular destination is the USA, with the other quarter spread over countries including Canada, Colombia, Georgia, Kazakhstan, Mexico, Nigeria and Ukraine. It is legitimate to raise concerns about surrogacy practices in other countries, especially ones where it is not regulated and there is a risk of trafficking and exploitation. That is why the subject needs to be handled with such sensitivity. We must ensure that the rights of the surrogate, the baby and the intended parents are at the heart of everything we do, and that legislation reflects that. The recommendations of the Law Commission’s report into surrogacy law, published in 2023, attempted to address many of those issues. The report, requested by the UK Government of the day, sought to create a new pathway to parenthood for UK surrogacy, with intended parents recorded on their child’s birth certificate provided the surrogate does not change her mind. It also called for regulation of non-profit UK surrogacy organisations to oversee the new pathway, including requirements for a written surrogacy agreement, screening, legal advice and counselling, as well as tighter categorisation of permitted payments to UK surrogates. The hon. Member for Strangford (Jim Shannon) highlighted that there should be no doubt between payments and legitimate expenses, and I agree with him. The Law Commission’s report found a lack of clarity about what payments can be made by the intended parents to the surrogate, which makes the law difficult to apply in practice. We need a law that can be clearly and fairly applied, to ensure that families and surrogates alike understand their rights and responsibilities. However, the report has not had a formal response from Government, even though it was published three years ago, nor has any time been given for the House to debate the wider conversation around surrogacy so that we can reflect the changing environment—a call made by hon. Members from across the House. That is why this needs to be looked at as a matter of urgency. I ask the Minister today to explain what work is being done to improve clarity on the issue and whether we can expect legislation to address it. As the hon. Member for North Warwickshire and Bedworth (Rachel Taylor) said, there is a Bill ready to go. The Liberal Democrats recognise that the current system can create long delays as intended parents apply for a parental order after birth, and we recognise the distress that delays can cause to those involved. It is clear that delays can also cause practical issues for parents who have caring responsibilities but lack legal security, which creates problems around registering.

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