Surrogacy Law and Legal Parenthood

Dave Robertson Excerpts

Monday 7th September 2026 Westminster Hall

[Dave Robertson (Lichfield) (Lab)]

I beg to move,

That this House has considered e-petition 763161 relating to surrogacy law and legal parenthood.

It is always a pleasure to serve with you in the Chair, Mr Pritchard, and I am sure today will be no different. The petition calls for a change in the law so that the intended parents of babies born through surrogacy can be considered to be the legal parents from the moment of their child’s birth. Under current law, that is not possible. Intended parents must go through a months-long process in the courts and be visited by a social worker before they are considered to be the parents of the children in the eyes of the law.

Ahead of this debate, I met the petition’s creator, Adam, his fiancé, Jamie, and their daughter, Leven, who was born via surrogacy in Connecticut. I am pleased to say that Adam and Jamie have joined us in the Public Gallery today. Although baby Leven has not joined them, she made a cameo appearance on our call ahead of the debate. Adam and Jamie are listed as Leven’s parents on her birth certificate in the United States, but more than six months after her birth, they still are not recognised as her legal parents at home in the UK. That is what prompted Adam to create this petition. When we met, he said,

“We’re changing Leven’s nappies, we’re putting her to bed—we are her parents, we’re bringing her up”

and yet he says that babies like her are in “legal limbo” under current legislation.

My role today is to introduce the petition by setting out the petitioners’ views and framing the debate to follow. It is good to see so much interest from Members across the House. In preparation, as well as meeting Adam, I have drawn on the expertise of a range of organisations and individuals, with the expert support of the petitions team. They are often not thanked enough, so I place on record my thanks to the entire team for their support in preparing for the debate.

We met groups such as Surrogacy Concern, Stop Surrogacy Now UK and Brilliant Beginnings, and Dr Herjeet Marway of the University of Birmingham, who is the founding chairperson of SurrogacyUK’s ethics committee. We also met Professor Nick Hopkins of University College London, a former law commissioner for England and Wales, and Professor Gillian Black of the Scottish Law Commission and the University of Edinburgh. Together, they authored the joint Law Commission report on surrogacy reform, which was published in 2023. I will start with the current state of the law and the reforms proposed by that Law Commission report.

When a child is born to parents via surrogacy, whether in this country or abroad, as baby Leven was, the surrogate mother is considered the legal mother at birth under UK law. If she is married or in a civil partnership, her partner will automatically be the second parent on the birth certificate, irrespective of the child’s genetics. There are children out there today whose parents, as considered under UK law, have no genetic relationship to the child at all. That is because in UK law, the person who gives birth to a baby, and no one else, is considered the mother. That has led to a complicated reality in today’s world, where a growing share of babies are not born via natural conception.

If you give birth using a donor egg, you are considered to be the child’s mother in the eyes of the law. But if you cannot carry a baby, and if you and your partner have an embryo that is biologically yours carried by a surrogate, you are not considered to be the legal parents when your child is born. Intended parents and their surrogates can draft a surrogacy agreement setting out how they want parental rights to be arranged for the child, but those documents have no legal standing in the UK.

To become legal parents, intended parents must apply for a parental order through the courts. They have to make that application between six weeks and six months after the baby’s birth. Organisations that specialise in assisting intended parents say that the process normally takes between six and 12 months to complete. In that time, the baby will almost invariably be living with the intended parents, but legally, they are strangers to that child.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman is putting the case very well. There are also very practical hurdles, such as registering the child with a GP, the child’s medical circumstances and applying for a passport. The whole thing is illogical. The practicalities add to the timescale, and it is time that the Government address the issue.

[Dave Robertson]

It is always a pleasure to see the hon. Member for Strangford (Jim Shannon) in his place in this Chamber. I will touch on health later, so I ask him to hold fire.

[Gordon McKee (Glasgow South) (Lab)]

My hon. Friend is being very generous with his time, which I very much appreciate. He and I share the desire for strict rules to prevent abuse of any kind, as I am sure everyone in the House does.

I want to make a point relevant specifically to Scotland. In England, the suitability of intended parents is assessed by the courts and through a publicly funded system, but it is funded privately in Scotland, which means that intended parents potentially have to pay £2,000 or £3,000 extra of their own money to go through the process. Will my hon. Friend join me in calling on the Scottish Government to find a reform to fix that system?

[Dave Robertson]

My hon. Friend is right to raise the issue of finance, which I will touch on briefly, so I ask him to bear with me as I get to that part of my speech.

Opponents say that the parental order process is really complex. The document that intended parents have to submit is 200 pages long, meaning that many will seek legal advice. Adam and Jamie say that they expect legal fees for their parental order to be in excess of £10,000. We have just heard from my hon. Friend that it can be even more costly in other parts of the United Kingdom. That money is very real, and intended parents face very real financial difficulties. As the hon. Member for Strangford (Jim Shannon) said, the process can cause real practical problems. In fact, I have heard of cases in which surrogates have had to dial in to medical appointments for their child in the US for months after birth, because the hospital at home is unable to recognise the intended parents as responsible for their child’s health decisions.

Experts say that, in their experience, the most distressing part of the process for most intended parents is the court-mandated social worker visit. Supporters of the current arrangement compare it to a visit from a health visitor, but opponents say that there is no comparison. The Children and Family Court Advisory and Support Service is the agency that advises the courts on children’s welfare, and in the vast majority of cases it is involved where a child is believed to be at risk. However, CAFCASS is also involved in surrogacy cases. Its assessments for a parental order involve criminal checks, child protection reports, home visits with parents and a full, detailed report. Although it is incredibly rare to see CAFCASS reports on intended parents that are anything but wholly positive, parents find it extremely distressing to be questioned and scrutinised in a way that parents conceiving without the need for a surrogate simply do not experience.

In 2018, as a result of those difficulties, a previous Government asked the Law Commission for England and Wales and the Scottish Law Commission to jointly consider reforms to UK surrogacy law. It was a significant piece of work, and the report was published in 2023. It recommended

“a new pathway to legal parenthood”

in surrogacy cases, with the screening of intended parents taking place before birth, so that they could be recognised as legal parents from birth. The proposed pre-birth arrangements included an agreement between the surrogate and the intended parents, with independent legal advice provided to all parties, a preconception assessment of the child’s welfare, and the agreement of a regulated surrogacy organisation to recognise the surrogacy agreement. If the surrogate then withdrew consent, the existing parental order process would apply. If the surrogate changed their mind before the birth, they would be the legal parent at birth. If they changed their mind in the six weeks following birth, they would be able to apply for a parental order.

The authors of the report strongly felt that that struck a balance between protecting all parties—the surrogate, the parents and the children—and, crucially, keeping the child’s welfare as the central concern. Having said that, it is really important to bring in the voices of Professor Hopkins and Professor Black, who made it very clear ahead of this debate that they never intended that part of their proposal to be carved out and delivered in isolation. They proposed a wider package of reforms, and they say that it was only part of a comprehensive solution. Although some who advocate changes to surrogacy law argue that the issue of parental orders can be dealt with as a quick win, the professors believe that it should be addressed as part of a wider package. That package includes, for example, creating a mandatory surrogacy register so that children could find out more about their birth mother and, with their consent, her family, if they wish.

It is also important to note that the Law Commission’s proposal for a new pathway to legal parenthood for intended parents would only apply to surrogacy arrangements here in the UK. It is proposed that the existing parental order system would continue to apply when babies are born abroad via surrogacy. The Law Commission report concluded that it would be impossible to ensure that laws abroad are in line with what we would consider UK norms. That concern is flagged by some of the groups opposed to surrogacy arrangements, as the second most popular destination for UK surrogacy is Nigeria—a country currently subject to special restrictions when it comes to adopting a child due to child welfare concerns.

In preparing for this debate, I heard worrying reports of surrogate mothers, often living in real poverty abroad, being pressed to sign legal agreements under extreme time pressure and without independent legal advice. That is far from being the case everywhere. However, it can never be acceptable, and we should make sure there are proper legal safeguards in place. The Law Commission’s hope is that, by maintaining the UK’s altruistic approach to surrogacy—that is, keeping it not for profit—and updating the law, more intended parents will be able to pursue surrogacy here in the UK and make use of a new parental pathway to be recognised as legal parents from birth.

The petition focuses on a specific part of surrogacy law, but it feeds into a much wider debate. There are some quite stark divisions on the issue, which is understandably very emotive for a large number of people. However, what seems clear is that the current law on surrogacy is no longer working and that a wider conversation about how we should change the legislation in this area would be welcome. I know the Government have said that they will look at this issue when time and capacity allow, but I am very interested to hear more from the Minister about what that might look like and when we might be able to expect it.

--- Later in debate ---

[Dave Robertson]

It is always a pleasure to sum up these debates and thank hon. Members for their contributions. The hon. Members for South West Devon (Rebecca Smith) and for Leicester East (Shivani Raja) and my hon. Friends the Members for Edinburgh North and Leith (Tracy Gilbert), for Mansfield (Steve Yemm) and for Pendle and Clitheroe (Jonathan Hinder) brought to the table points on the balance of rights between the different parties involved, how disagreements between intended parents and surrogates can be worked through and the importance of surrogates’ rights, and a focus on the rights of the child.

We also heard about the legal complexities around devolution from a number of Members, particularly in Holyrood and Stormont, but I am sure that is also the case for Cardiff. My hon. Friends the Members for Cannock Chase (Josh Newbury) and for North Warwickshire and Bedworth (Rachel Taylor)—I always say it should be pronounced “Beduth”—highlighted the difficulties faced by intended parents and families navigating a very complex process, the importance of consent as we navigate it, the value of surrogacy to families and how families find a way to start using the process.

It was also great to hear contributions from the hon. Member for Horsham (John Milne), my hon. Friends the Members for Glasgow South (Gordon McKee) and for Bolton West (Phil Brickell), the hon. Member for Strangford (Jim Shannon), the party spokespersons—the hon. Member for Chichester (Jess Brown-Fuller) for the Liberal Democrats and the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) for the Conservatives —and the Minister.

It was clear today that this is an incredibly complex and detailed debate, and one that needs to be considered fully. While I am sure the petitioners would have preferred to hear a further update from the Minister, she was very clear when she outlined the current legal position and advice from the Government on surrogacy and that the Government are staying exactly where they are and will get to this when time allows—that was a very paraphrased version of her conclusion. I thank everybody for their time today, and especially you, Mr Pritchard, for chairing.

Question put and agreed to.

Resolved,

That this House has considered e-petition 763161 relating to surrogacy law and legal parenthood.