Louisa Ghevaert, Partner and Head of Fertility and Parenting at Michelmores LLP
The Report of the Surrogacy UK Working Group on Surrogacy Law Reform in November 2015 shines a light on the reality of surrogacy in the UK. It dispels myths about surrogacy which have influenced policy and debate and finds the time is right for reform because law regulating surrogacy in the UK is 30 years old and therefore out of date. The report also makes recommendations on how to achieve surrogacy law reform in the UK.
It is difficult to find accurate data about surrogacy arrangements entered into by intended parents from the UK. This is not surprising given the lack of centralised information about surrogacy. In addition, different government agencies and organisations record different parts of the process.
Over the summer of 2015, Surrogacy UK (SUK) therefore undertook its own survey on surrogacy in the UK. It received 434 responses, including responses from 111 surrogates and 206 intended parents. This survey is believed to be the largest ever UK survey of surrogates, intended parents and other interested parties.
The Report analysed the results of SUK's survey on surrogacy in the UK. It also interrogated information about surrogacy from a range of difference sources, including the Ministry of Justice (MOJ), Her Majesty's Passport Office (HMPO) and Cafcass.
The findings of the Report do not support a developing perception that international surrogacy has become commonplace for intended parents from the UK. MOJ data states that overseas surrogacy makes up an average of 13-14 per cent of UK parental orders granted with known place of birth origins. However, there is no requirement to apply for a parental order and there are restrictions on who may apply for a parental order. The numbers of children born abroad to surrogates may be somewhat higher than 13-14 per cent, but precise figures are unknown not least because data from HMPO does not record the actual number of children born abroad to foreign surrogates being brought into the UK. The number of overseas passport applications made for surrogate born children is an unknown percentage of the 150-200 overseas passport applications received annually by HMPO.
Furthermore, the Report found there is an overwhelming consensus amongst respondents to the SUK survey that surrogacy in the UK should remain altruistic. The SUK survey found that 27.1 per cent of respondent surrogates received less than £10,000 and the mean amount was £10,859, representing reimbursement of expenses.
Importantly, 75 per cent of respondents thought surrogacy law in the UK needs to be reformed. Sixty-five per cent of respondent surrogates said intended parents should be the legal parents of the surrogate born child at birth, and 72 per cent of surrogate respondents said a surrogate should not be able to change her mind about handing the baby over to the intended parents at birth. Reasons for reform by those that replied to the survey included: the law is out of date, the current system does not treat the right people as parents, the process in the UK should be made easier and more transparent, and the system should better reflect the realities of surrogacy in the UK.
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