Dr Neil Shastri-Hurst

It is almost as if the hon. Gentleman can read my mind, because I was going to say that there is a clear inconsistency in prohibiting the practice here, while allowing such arrangements to be made abroad. Of course, intended parents may also encounter immigration and nationality problems that they are aware of before entering the arrangement, if those arrangements take place overseas. In some cases, a British court may have difficulty locating the surrogate mother when deciding whether valid consent has been provided. In that case, a parental order process and a CAFCASS assessment would be the only independent scrutiny carried out in this country. The Government’s overseas surrogacy guidance was last updated by the Foreign, Commonwealth and Development Office in 2022. Given the rise in international cases, it needs to be updated. It should deal clearly with safeguarding, consent, payments, independent legal advice, immigration and nationality. With that in mind, will the Minister commit to reviewing the international surrogacy arrangements and to publishing updated guidance? Some will say that the law is outdated. I understand the frustrations behind that argument. There is a case for a quicker process, clearer guidance and greater consistency, but making a process easier for one party does not necessarily make the law better. Reforming the law must also protect those with less power and ensure that the child’s interests are the main consideration. Of course, families formed through surrogacy deserve our support. However, the child whose future is being decided also deserves independent protection. The woman who gives birth should not lose her rights before she knows how the experience of childbirth has affected her. We can shorten needless delays and give families greater certainty without discarding the principles on which the current system rests. Legal parenthood should be transferred only after the child’s welfare has been properly considered, the surrogate mother’s consent has been confirmed and the arrangement has received the necessary independent scrutiny. In surrogacy as in every other part of family law, the wishes of the adults are important but the welfare of children must always come first.