Surrogacy Law and Legal Parenthood

Diana Johnson Excerpts

Monday 7th September 2026 Westminster Hall

[The Minister for Public Health and Patient Safety (Dame Diana Johnson)]

It is always a pleasure to serve under your chairmanship, Mr Pritchard. I thank my hon. Friend the Member for Lichfield (Dave Robertson) for his opening speech on behalf of the Petitions Committee. I am pleased to respond to this debate on the proposal, made by a petition signed by over 113,000 members of the public, to change surrogacy law to recognise intended parents from birth. I welcome the shadow Minister, the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst), to his place and congratulate him on his appointment to that role.

This is a well-attended debate, and there have been many valuable contributions. The hon. Member for South West Devon (Rebecca Smith) and my hon. Friend the Member for Edinburgh North and Leith (Tracy Gilbert) both spoke with great passion about the welfare of women and children, including in the international dimension of surrogacy. I wanted to tell my hon. Friend the Member for Bolton West (Phil Brickell), who is no longer in his place, that I was concerned to hear his intervention about his constituents who had a very poor experience going to Mexico with a certain company. The Department is looking into the allegations about My Surrogacy Journey. As part of that assessment, the Department will consider whether it is appropriate for that company to remain on the gov.uk list of agencies.

The hon. Member for Leicester East (Shivani Raja) talked about the rights of the child coming first. My hon. Friend the Member for Mansfield (Steve Yemm) talked about the strength of motherhood and discussed the important issue of consent. The hon. Member for Strangford (Jim Shannon) raised concerns about the commercialisation of surrogacy. My hon. Friend the Member for Cannock Chase (Josh Newbury) talked about his personal experience of becoming a dad. My hon. Friend the Member for North Warwickshire and Bedworth (Rachel Taylor) spoke about the personal experience of Adam and Jamie. She made a strong speech for reform and also spoke about consent. My hon. Friend the Member for Pendle and Clitheroe (Jonathan Hinder) talked about the ethics of surrogacy and referred to the approach taken by other European countries. The hon. Member for Chichester (Jess Brown-Fuller), the spokesperson for the Liberal Democrats, made a typically thoughtful speech that set out the Law Commission’s report in some detail.

It is worth saying from the outset that the Government recognise that surrogacy is a complex and sensitive policy issue where detail matters to all those involved in a surrogacy arrangement. The Government always recommend that anyone considering surrogacy should have a clear understanding of what is required for parenthood to legally transfer to the intended parents and should seek specialist legal advice before beginning the process.

I am grateful for the opportunity to reflect on this area of law. The UK was, of course, one of the first countries to introduce a legislative framework for domestic surrogacy. The Government support surrogacy as part of a range of assisted conception options and recognise the important part it can play in supporting people seeking to start a family. In the Surrogacy Arrangements Act, Parliament decided that altruistic surrogacy arrangements would be legally allowed and that surrogates would be entitled to reasonable expenses. The Act was introduced to prevent surrogacy arrangements from taking place on a commercial basis.

I am grateful to my hon. Friend the Member for Lichfield for his informed contribution. He and my hon. Friend the Member for North Warwickshire and Bedworth set out the issues raised by the petitioners, Adam and Jamie, and shared their experience of starting a family through surrogacy and of the pathway to legal parenthood in the United Kingdom. The Government recognise the difficulties that intended parents may encounter when applying for a parental order. We are very grateful to those with lived experience of this matter who feel able to share their stories.

I will set out the current legal position on parental orders. Under the Human Fertilisation and Embryology Act 2008, the person who gives birth to the child—in this case, the surrogate—is the legal mother when the child is born and has parental responsibility until the courts put in place a parental order. A parental order makes the intended parents the legal parents and permanently removes the surrogate’s legal motherhood. We recognise that the application process for a parental order can be a difficult period for intended parents. Although the safeguarding assessments take time, they are necessary to support the court’s considerations of parental order applications. Each application is carefully considered by the family court on the facts of the individual case, although I note the issues raised about delays in the system.

The debate has highlighted broader questions about whether the current legal framework in the UK continues to reflect modern family formation and contemporary surrogacy practice. The Government acknowledge those concerns and recognise the arguments on both sides—that the law should provide greater clarity, better support and a more streamlined pathway to legal parenthood while maintaining robust safeguards for children, surrogates and intended parents.

There are many reasons why people pursue international surrogacy arrangements. It is a very complex area. The process to bring the child or children to the UK after birth can be long and complicated. Foreign Office guidance makes it clear that if people are considering surrogacy in a foreign country, they are strongly advised to seek specialist independent legal advice in the UK and the relevant country before making any arrangements.

I hear loud and clear the calls for legislative change this afternoon but, given the limited parliamentary time available, the Government are not in a position to bring forward legislation on surrogacy reform immediately. We will, however, continue to consider options for future reform, and we remain engaged with the issues raised by stakeholders, parliamentarians and families with lived experience of surrogacy.

[Rebecca Smith]

I thank the Minister for making a very thoughtful summing-up speech, as ever. Has she had any conversations with her colleagues in the Department for Work and Pensions about providing clarity on whether the expenses that surrogate mothers receive should count towards their benefits? Under legacy benefits, they did, but under the new version of universal credit, they do not count as unearned income. That thorny issue needs to be looked at, particularly given that £25,000 can be paid to women who may be on benefits, but it does not count as income. Has the Minister had that conversation, and can she look into that?

[Dame Diana Johnson]

I am very happy to take that point away and write to the hon. Lady.

Any future reforms need to protect the welfare of children and safeguard those involved in surrogacy arrangements, as well as to maintain public trust. As noted throughout the debate, the Department supported the joint project of the Law Commission for England and Wales and the Scottish Law Commission to review the current surrogacy regime. The Law Commissions consulted widely on this topic, generating a wide diversity of views. The previous Government welcomed the Law Commissions’ 2023 report on surrogacy reform, and this Government will respond in due course as time allows.

I am very grateful to all those who have contributed to both sides of the debate. The contributions made today have highlighted again both the strengths of the current surrogacy framework and the challenges that may be faced when navigating it. The Government are clear that the welfare of children born through surrogacy must remain paramount. We recognise the importance of ensuring that children are protected, intended parents are supported in having families, surrogate mothers are protected and surrogacy arrangements operate within a framework that commands public confidence. I am sure that the Minister in the Lords, who has responsibility for this area, would be happy to meet hon. Members to discuss this further. Once again, I thank my hon. Friend the Member for Lichfield for introducing this important debate and acknowledging the families impacted.