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Law Commission Calls For Court To Be Removed From Surrogacy Arrangements

Law Commission brands current laws "outdated"

Sir Nicholas Green, Chair of the Law Commission, has called the current laws governing surrogacy, "outdated and no longer fit for purpose" as the Commission publishes its Surrogacy consultation paper, Building families through surrogacy: a new law.

The current law is that once the child is born, the intended prents have no legal rights until a parental order is made by a court. The Law Commission has proposed a change that would make intended parents the legal parents once the child is born, with the surrogate having a right to object within a short period of time.

The Commission has also proposed other changes including,

The Law Commission has also criticised the "unclear" law surrounding payments of reasonable expenses to the surrogate and has requested the public's views.

Sir Nicholas Green, chair of the commission, said: "More and more people are turning to surrogacy to have a child and start their family. We therefore need to make sure that the process is meeting the needs of all those involved. However, the laws around surrogacy are outdated and no longer fit for purpose. We think our proposals will create a system that works for surrogates, the parents and, most importantly, the child."

The full statement from the Law Commission and the overview of the surrogacy project are both available via the hyperlinks.