Surrogacy Law and Legal Parenthood

Debate between Jess Brown-Fuller and Rebecca Smith

Monday 7th September 2026 Westminster Hall

[Rebecca Smith]

There have been a couple of mentions of the time it takes to get an order, but parents in the UK adoption system have equally long—often much longer—waits to take on parental rights over a child. We are in danger of creating two separate systems, so that putting in an order for a child through a surrogate is a quick option to become a parent, but we are making it harder for people who have gone through the care system to foster or adopt, or who have gone through a long adoption process. I wonder whether we are inadvertently suggesting that there should be a two-tier system. I wonder what the hon. Lady’s thoughts are on that, because I know that she, like me, is a big advocate of fostering and adoption.

[Jess Brown-Fuller]

I am in no way suggesting that we create a two-tier system. Talking about how long the adoption process can take, especially for those who have had fostering responsibilities and are transitioning into adopting those children, and talking about how arduous that process can be, including when making sure that children have up-to-date health records and so on, would be a separate debate. We are clearly talking about health services as well. If a child is born with a health concern, the intended parents who are providing their day-to-day care should have the facility to act on behalf of that child to make sure they are well looked after.

It is also worth pointing out at this stage that, if a heterosexual couple presented in a hospital with a child who is poorly, it is very unlikely that a health professional would ask, “Can you please prove that you are the legal parents?”, but for same-sex couples it is more likely that someone would ask that question. We are creating a two-tier system between heterosexual couples who choose surrogacy and homosexual or same-sex couples who choose surrogacy, and I am not in favour of a two-tier system at all.

The Liberal Democrats also believe that, as with all the issues raised in this debate, any decisions regarding the legal parenthood of a new baby must ensure that the rights and wellbeing of all those involved are balanced and respected. I ask the Minister when the Government intend to respond to the report in full and whether they intend to bring forward any legislation on this issue for Parliament to consider—because, although this is Adam and Jamie’s debate, they represent a much wider group of people.

I will finish by saying that so few people have touchpoints with our Parliament and our political system, and passing the threshold to have an issue debated in Parliament is no mean feat; but it should not be the end of the story. It would be helpful if the Minister could set out what the next steps are, to ensure that the conversation about this issue continues.