Surrogacy: Government Policy

Catherine West Excerpts

Tuesday 21st January 2020 Westminster Hall

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a pleasure to serve under your chairmanship, Sir David. I will be very brief in my remarks because the hon. Member for Brigg and Goole (Andrew Percy) has covered a number of points. I commend him for his energy and work in this area, in particular for the way in which he has brought together Members from both Houses who have an interest in surrogacy best practice.

I will briefly say where I strongly agree with the Law Commissions’ recommendations and then I will add a couple of points where I think there could be some improvements. The Law Commissions have done well on the question of safeguards and requirements for entry to the new pathway and in particular in its reference that implications counselling is important for those undertaking surrogacy. The hon. Member said in his remarks that there is not as much knowledge about surrogacy as there ought to be. For people setting out on the journey of surrogacy, it is crucial that implications counselling be available. Furthermore, surrogacy agreements should play a central role in any new legislation, and other forms of best practice, such as criminal records and health checks, should of course be promoted. Finally, individuals and teams should be able to work with non-profit organisations for support on the pathway.

I turn to the question of improvements. First, I mention the speed at which the Government should act on this issue. The Law Commissions have done a very good job in developing proposals and I cannot see why it has taken the Government so long to take forward the draft Bill when the Law Commissions have had it ready for so long. There are drafts, and it would not take too long to get the recommendations into a Bill. The Minister is smiling, which perhaps means that it could be done quite quickly.

I turn briefly to a strong recommendation from constituents of mine who have done a lot of research and had personal experience of surrogacy. There is a danger that any future legislation might be drafted in such a way that it benefits only the children of the future, and not children who are already here and who may be suffering under current laws—for example, children in my constituency who are currently in legal limbo and living with biological parents who are not their legal parents. The Law Commissions’ proposals could correct that anomaly by removing the surrogate’s “veto” over the legal process and ensuring that the welfare of children is paramount. The hon. Member for Brigg and Goole has emphasised that the implications of the Children Act 2004 are that the welfare of children is paramount, so the Government must commit to ensuring that everyone is able to benefit from the future reforms and that no child should be left out.

I will close my remarks, because I know hon. Members wish to hear at length from the Minister, the shadow Minister and the spokesperson for the Scottish National Party. I reiterate my thanks to the hon. Member for Brigg and Goole for securing the debate and for the energetic way that he has addressed the issue through the APPG, and I look forward to seeing the Bill brought to the House.