Law Commission of England and Wales and the Scottish Law Commission have announced today that the laws around surrogacy are outdated and should be improved to better support the child, surrogates and intended parents.
Surrogacy is where a woman bears a child on behalf of someone else or a couple, who then intend to become the child’s parents (the intended parents). Surrogacy is legal in the UK and is recognised by the Government as a legitimate form of building a family.
However, change is needed to make sure the law works for everyone involved. To reflect the wishes of surrogates and intended parents, the Law Commissions are proposing to allow intended parents to become legal parents when the child is born, subject to the surrogate retaining a right to object for a short period after the birth.
This would replace the current system where the intended parents must make an application to the court after the child has been born, and do not become legal parents until the court grants them a parental order. The process can take many months to complete.
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