Surrogacy law to be reviewed by the Law Commission following recent decision in Re Z by Elizabeth Isaacs QC and Adem Muzaffer

Surrogate Motherhood:Written question – HL218

Department of Health
Surrogate Motherhood – HL218

Q: To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton on 11 May (HL8079), and in the light of the judgment In RE Z(A Child) (No.2) [2016] EWHC 1191(Fam), whether they now intend to review the legislation relating to surrogacy.

A: Surrogacy is a complex issue, the legislation about which has not been significantly addressed by respective administrations since the Surrogacy Arrangements Act 1985. The Government recognises the arguments for the need for a review, and we have therefore asked the Law Commission, as part of the consultation on its 13th work programme this summer, to consider including a project on surrogacy The Government has accepted the judgment by Sir James Munby from the High Court. We will be looking to update the legislation on Parental Orders, and are now considering how best to do this. The Government recognises surrogacy as an important option for some people wishing to start a family and is currently considering how best to clarify the current legal arrangements for intended parents, surrogates and their families. The Children and Family Court Advisory and Support Service campaign to increase awareness of Parental Orders is ongoing and targeted at health workers, local authority registration staff and surrogacy agencies. It will be evaluated in full upon completion in autumn 2016; in-campaign monitoring indicates its messaging is reaching the target audience.