Surrogacy: Government Policy

Debate between Sharon Hodgson and Andrew Percy

Tuesday 21st January 2020 Westminster Hall

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is an honour to serve under your chairmanship, Sir David. I thank the hon. Member for Brigg and Goole (Andrew Percy) for securing this important debate and for his important work in chairing the all-party parliamentary group on surrogacy, which, as we have heard, has held evidence sessions on surrogacy law reform. I also thank him for his very warm welcome to me and the Minister in his opening remarks—it is much appreciated.

[Andrew Percy]

The hon. Lady did not welcome me back.

[Mrs Hodgson]

It is very nice to see the hon. Gentleman back in this place after the election.

I thank my hon. Friend the Member for Hornsey and Wood Green (Catherine West) and the hon. Member for East Renfrewshire (Kirsten Oswald) for their welcome, albeit short, speeches. It is definitely worthwhile in a debate such as this to have more than just one voice. I look forward to seeing the all-party parliamentary group’s report on its conclusions, and I hope to work with the group in the future.

I agree wholeheartedly with the hon. Gentleman that surrogacy is a valuable and progressive option for many people who want to have children and create a loving family. However, the key piece of legislation surrounding surrogacy is now, as he said, 35 years old and severely outdated. I know this is a problem that the Government have previously acknowledged, and I welcome the former Minister, the hon. Member for Thurrock (Jackie Doyle-Price), who did so much to move the issue forward. However, there has still not been any serious reform of surrogacy legislation and, as we have heard, problems still persist. What should be a joyous time for parents can turn into a distressing burden. Applying for parental orders can take several months, and the process fails to reflect the realities of modern-day family life.

In a survey conducted by Surrogacy UK’s working group on legal reform, 92% of respondents agreed that surrogacy law reform is needed. As we have heard, the Law Commissions are carrying out a review on surrogacy and parental orders, and it has made some primary recommendations. The hon. Gentleman went through them in detail, so I do not have to. They include a recommendation for the intended parents to become the legal parents of a child from birth as per a surrogacy agreement. I hope that the Minister will respond to some of the Law Commissions’ primary recommendations. It is due to publish its full recommendations in 2021, but will the Minister set out what steps the Government will take in the meantime to prepare a Bill that would bring surrogacy legislation into the 21st century? That would indeed be a welcome step.

The legislation needs to make the requirements for surrogacy clear and fair for everyone involved, including, and most importantly, the child. That includes a definition of what constitutes a reasonable expense. Surrogates should not make a profit, but should not be left out of pocket either. A definition would provide legal certainty to the surrogate and the intended parents.

It is crucial that children are not left in legal limbo, as my hon. Friend the Member for Hornsey and Wood Green said. With that in mind, I believe that the ability to make a parental order without the surrogate’s consent under the new regime should be applied retrospectively. That means that children who are currently in legal limbo would be lifted out of that uncertainty and would be treated equally to children born after the new regime comes into force.

It is clear that the public perception of surrogacy has moved on since 1985. It is time, therefore, that the legislation does so too. I look forward to hearing the Minister’s response.