Surrogacy: Government Policy

Debate between Caroline Dinenage and Jackie Doyle-Price

Tuesday 21st January 2020 Westminster Hall

[The Minister for Care (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Sir David. I want to start in the same vein as the hon. Member for Washington and Sunderland West (Mrs Hodgson) by heaping praise on my hon. Friend the Member for Brigg and Goole (Andrew Percy), who is, of course, one of my favourite Members of Parliament. In all seriousness, I want to thank him for his sterling work on this really important issue. For a very long time, he has been a strong, effective and vocal campaigner on it, and he has led the APPG, which has done an enormous amount of valuable and comprehensive work on this tremendously important issue. Westminster Hall debates have played an important role in highlighting the need for Government action in this area. The former Member for Erewash secured a debate on it in 2014, which set in motion a lot of the reforming actions that increased the chance of successful surrogacy arrangements and, importantly, the formation of new families.

There is no doubt that surrogacy can transform the lives of people who want to have their own children. We of course recognise the value of surrogacy in today’s society, where family structures, attitudes and lifestyles are increasingly diverse. It is all about building happy and loving families, and giving people the opportunity to enjoy the wonderful benefits and experiences—and, indeed, sometimes challenges—that that brings.

I thank the hon. Members for Hornsey and Wood Green (Catherine West), for East Renfrewshire (Kirsten Oswald) and for Washington and Sunderland West for their constructive comments. I also praise my hon. Friend the Member for Thurrock (Jackie Doyle-Price), who did some remarkable work in this area; she very much emphasised the positive role of surrogacy. She showed great leadership and commitment, and addled the brass, as my hon. Friend the Member for Brigg and Goole said, leading the way to the Law Commission review. I also thank the surrogacy community for the way it has helped to move this important issue forward. It has shared its knowledge and experience, which has been immeasurably valuable.

The UK is one of only a few countries in the world with a legislative framework for surrogacy. It is set out in primary legislation by the Surrogacy Arrangements Act 1985, with some aspects updated by the Human Fertilisation and Embryology Act 2008. Although that framework was appropriate for the time at which it was written, we all agree that it is clear that society, family formation and relationships have moved on in the interim.

Importantly, the current legislation sets out a number of fundamental principles, which my hon. Friend the Member for Brigg and Goole mentioned, that will continue to inform any future legislation. The arrangements should be based on altruism and should be coercion-free. They should fundamentally protect the welfare of any resulting children, and respect the rights of the surrogate and the intended parents. Although those basic principles are the right ones, my ministerial predecessors—one of whom is in the Chamber—recognised that the existing legislative framework has not kept pace with a changing society. That has led to tension between the law and current social norms, in many cases creating uncertainty and unnecessary upset. That is why the current legislation has been subject to a number of legal challenges in the courts over the years, including on how legal parenthood is applied in different situations and how the courts apply time limits for applications for parental orders.

To address the issues with the current legislation, in April 2018 the Government asked the Law Commission of England and Wales and the Scottish Law Commission jointly to review all surrogacy-related law and make proposals for improvement. That large, vital piece of work is a three-year project. To respond to the hon. Member for Hornsey and Wood Green, the Law Commissions have not published a draft of the recommendations yet. To respond to the hon. Member for Washington and Sunderland West, they are expected to publish a report alongside a draft Bill in 2021. As part of the review, they undertook extensive engagement with a wide range of stakeholders around the UK.

Based on this engagement, the Law Commissions developed a number of provisional proposals to improve surrogacy legislation and published a consultation paper in June—that might be what hon. Members are getting confused about—to provide an opportunity for people to discuss their views. They then ran a series of consultation events across the UK that were open to professionals, surrogates, intended parents and members of the public. It closed on 11 October 2019. The Commissions are now collating and analysing the enormous number of responses. That will inform the discussion and the development of the final recommendations, which will go towards changing the law.

I thank the Law Commissions for their very comprehensive engagement with all those involved in surrogacy in the UK. I intend to meet the lead commissioner to discuss the outcomes and next steps in the project. Of course, I would love to meet the APPG, surrogate parents and intended parents to talk about their views and experiences in the interim. I am thankful to all those who have engaged with the process and provided invaluable feedback.

[Jackie Doyle-Price (Thurrock) (Con)]

I welcome the Minister’s comments. I want to put on the record the enthusiasm with which the Law Commissions embraced the project. They are clever lawyers, and they fully recognised that a 35-year-old law that is no longer fit for purpose is leading to legal challenges that are potentially having bad outcomes for the child, and certainly for the parents involved in the process. I encourage the Minister, as she has discussions with the Law Commissions, to start to give a nod to the rest of society about how the Government are responding to the issues that they are readily highlighting.

[Caroline Dinenage]

I will very much take my hon. Friend’s advice on this. Hers have been particularly large and glamorous shoes to fill in this role. She makes some excellent points—the Law Commissions’ work is very thorough and is beginning to look at some old and out-of-date parts of the legislation.

My hon. Friend the Member for Brigg and Goole articulated some of the key proposals, why some changes are so needed and where the views of the APPG might differ slightly. I am sure he will forgive me that today I will not comment on specific Law Commission proposals, for obvious reasons. The commission has arrived at its proposals independently, and it would not be appropriate for me to pre-empt the result of its consideration of the feedback that it received in the consultation. I will, however, put it on the record that we recognise the many different voices in this space and that there will be some different views of the proposals.

No formal discussions have taken place, but we recognise that the House may take a view that a sensitive issue such as surrogacy is appropriate for pre-legislative scrutiny of any proposed Bill. We are definitely open to that. I also reaffirm that we are committed to the completion of the review and that we will continue to sponsor it until publication. I hope that that provides my hon. Friend with the reassurance that he wanted. The Government will continue to work closely with the Law Commissions to ensure that the proposed legislative changes offer more certainty, more clarity and real incentives for those involved to seek surrogacy here in the UK.

We have already taken some action to modernise surrogacy arrangements. The Government have enabled individuals to apply for a parental order, to gain legal parenthood after surrogacy arrangements. That was made possible by the remedial order, which was introduced in December 2018. I put on record my thanks to the Committee for supporting unanimously the remedial order, which provides legal certainty for those families.

The Government have also produced guidance on surrogacy arrangements in the UK. It was developed in partnership with surrogacy and professional organisations and published in 2018. The guidance provides authoritative information for people who are considering surrogacy, and emphasises the benefits of undertaking surrogacy in UK-licensed clinics, rather than going abroad. It has been widely welcomed and commended. My hon. Friend the Member for Brigg and Goole also mentioned the guidance that goes to NHS professionals and staff—published alongside the other guidance in 2018—which was updated in 2019. However, I thank him for drawing my attention to ensuring that those guidelines are followed properly and adopted in every case.

Finally, I want to make it clear that the Government recognise the value of surrogacy, which helps a range of people who might not otherwise be able to have children to create the family for which they so long. In that spirit of inclusiveness and equality, we look forward to updating the legal framework for surrogacy in the UK, to make it fit for the challenges of the future.

Question put and agreed to.

Resolved,

That this House has considered Government policy on surrogacy.