Surrogacy Consultation period open until 11 October 2019

06 August 2019

The public consultation period remains open until 11 October 2019 regarding the provisional proposals to reform the law governing surrogacy. This follows the joint consultation paper published in June 2019 on behalf of the Law Commission of England and Wales and the Scottish Law Commission entitled 'Building Families Through Surrogacy: A New Law'.

Presently, the current law is that an intended parent must apply for a parental order to become the legal parent of a child born through surrogacy. In order for the court to make a parental order, certain requirements must be met. This includes that intended parents must apply for the order in the first six months of the child’s birth.

The Law Commissions propose to allow the 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.

The Commissions proposed other changes including:

  • The establishment of a surrogacy regulator to regulate surrogacy organisations which will oversee surrogacy agreements within the new pathway.
  • Removing the requirement of a genetic link between the intended parents and the child, where medically necessary.
  • Creating a national register to allow those born of surrogacy arrangements to access information about their origins.

Sir Nicholas Green, chair of the Law Commission, said of the consultation:

"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. We think our proposals will create a system that works for the surrogates, the parents and, most importantly, the child."

The Law Commissions’ consultation closes on 11 October 2019 and to find out more, including how to respond, you can visit the the Law Commission's Surrogacy page.

At Barlow Robbins LLP we can help you with the legal process regarding surrogacy. Our specialist team will guide you through the law to assist you with the legal implications of having a child using a surrogate. Our lawyers understand that the decision is complex and will provide support to you throughout the process.

By Elizabeth Ennals

For further advice on issues involving Family and Children, please call us on 01483 543210 or alternatively email

Further Reading
  • Increase in Surrogacy for Childless Couples (view page)