Surrogacy Law and Legal Parenthood

Jim Shannon 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.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a real pleasure to serve under your chairship, Mr Pritchard. I thank the hon. Member for Lichfield (Dave Robertson) for introducing the debate on this petition on behalf of the Petitions Committee. As the DUP’s health spokesperson, I am particularly interested in advocating for the protection of the women and children at the heart of this process. Although health and social care are devolved, surrogacy policy is a reserved matter and is decided by Westminster. The thrust of my concern and contribution to this debate is more about urging caution to ensure that, while we need to legislate for the new scenarios that we face in modern life, protection is in place and the legislation is thoroughly considered. I think that reflects the opinion of most of us who are putting forward points in the debate.

I recognise that surrogacy can be a lifeline for those struggling with infertility or who are unable to have children themselves. Surrogacy can no doubt represent an extraordinary act of kindness where a woman chooses to help a friend or family member to fulfil their dream of becoming a parent. However, I must stress that I have significant concerns about the increasing commercialisation of surrogacy. I have spoken on this issue in a separate debate in Westminster Hall and I want to reiterate the concerns that I expressed then. An important distinction must be made between the women who voluntarily agree to carry a child for someone they know, perhaps with reasonable expenses being covered, and the wholly exploitative system whereby a woman’s womb becomes a service that can be bought. That concerns me greatly.

The background information that we got from the House of Commons Library—we always thank the Library for its contributions—refers to the international and regional human rights relevant to surrogacy: the right to respect for family life, the rights of the child, women’s rights, the right to equality and non-discrimination, the right to dignity, and protection from human trafficking. A number of issues were outlined in the background information that we got from the Library. We must tread very carefully to not contribute to a market that preys on the financially vulnerable and pressures them to use their bodies for the benefit of others. Compensation for genuine expenses incurred in carrying a baby is one thing; paying a woman for carrying a baby is quite another. The distinction becomes increasingly blurred—the hon. Members for Leicester East (Shivani Raja) and for South West Devon (Rebecca Smith) both made contributions on this, and I would echo them—when payments for carrying a child are disguised as expenses. There must be no room for ambiguity in this process. I should have welcomed the Minister to her place. We wish her well in the role that she now plays, and we look forward to her responses to our concerns.

In my intervention on the hon. Member for Lichfield, I referred to the practical hurdles, such as registering the child with a GP, making critical medical decisions for a child who may have complex medical needs, and applying for a passport. Prolonged uncertainty is not in the best interests of the child, nor is it fair to the families who have planned for, prayed for and loved that baby from the beginning. Does the Minister not agree that access to these scientific advances means that we must regulate well for them? That is the thrust of what I am putting forward.

I must also raise my wider concerns about the rapidly growing fertility market, as young women are being encouraged to donate their eggs in return for compensation. In fact, it is the clinics themselves that profit most substantially from the donation, and clinics take advantage —I say this with respect—of those who may be in financial difficulties or who need the money. I would argue that sufficient information is not being provided to these women about the potential long-term health consequences of egg retrieval. I am deeply grieved by any idea that promotes fertility as something that can be bought and sold. That is wrong, and I put that on the record.

The concerns that I have outlined become even more significant when we look internationally. Commercial surrogacy is illegal in the UK but permitted in some countries abroad, leading many UK couples to circumvent the law by using a surrogate abroad. That leaves room for exploitation, as the UK Government cannot control the protections available to those surrogate mothers. I ask the Minister what is being done to close those loopholes. We should legislate, if necessary, to ensure that protection is in place. Will any Government action extend to Northern Ireland? I understand that it will, because the matter is not devolved from Westminster. Therefore, if the Government take a decision here, it will apply to us, but I am keen to have that confirmed.

That brings me to the petition, which calls for the intended parents to become the legal parents of the child from birth, rather than having to go through a parental order process. In the Strangford constituency, 131 people have signed the petition. They did so for a simple reason—because they have concerns. I want to reflect their opinion on this process. I can understand why some families may want to simplify the process, and there is perhaps a balance to be achieved. However, does the Minister agree that any reforms cannot be allowed to come at the expense of safeguards for surrogate mothers and the children themselves? The Minister is a compassionate lady—I say that in all honesty and know it to be the case. In my dealings with her over the years, I have always found her to be of that opinion, but we need some reassurance.

Surrogacy should remain an incredible act of generosity. It cannot be anything else—not a commercial transaction that risks exploiting vulnerable women and commodifying their children. That can never happen. With that in mind, I look forward to the Minister’s answers.

--- Later in debate ---

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Pritchard. I start by declaring an interest in this debate as a former member of the appeals panel of the Human Fertilisation and Embryology Authority.

I pay tribute to the hon. Member for Lichfield (Dave Robertson) for the tone in which he opened the debate, and I recognise the more than 113,000 people who have signed this petition. Behind many of their signatures will be personal experience of infertility and loss, and a long-held wish to start a family. For intended parents, surrogacy is not simply a legal process; it is about getting a family they never thought they could have, and in many cases, it comes at the end of a long and difficult journey.

Nobody doubts the love that such parents have for their children. Families formed through surrogacy deserve dignity, certainty and respect. However, our job in this House is to consider more than the wishes of the adults involved. We must speak for the child who cannot speak for themselves. We must also protect the woman who carries and gives birth to that child.

The issue for us to consider is whether legal parenthood should pass automatically at birth, before the state has considered the child’s welfare, the surrogate mother’s consent and the circumstances in which the arrangement was made. As a starting-point, any reform to the legislation must do three things: first, and most importantly, it must protect the child; secondly, it must preserve the free and continuing consent of the woman who gives birth; and thirdly, it must address the safeguarding concerns arising from the increase in international commercial surrogacy.

First, on protecting the child, the petition describes the upset and strain of months of court proceedings and visits from social services workers before the intended parents are legally recognised. I understand why that process might feel intrusive and unsettling. Intended parents have planned for the child and cared for them from birth, and already see themselves as a family. However, a parental order is not merely words on a piece of paper; it is the legal means by which parenthood is transferred from one person to another. That is a serious act, with lifelong consequences for the child.

The process, as it currently stands, allows a court to consider the child’s welfare, establish that the surrogate mother has freely consented, examine any payments that have been made either through expenses or cash, and consider the circumstances in which the child will be raised. CAFCASS provides an independent assessment, so that the decision is not based only on what the adults expected or agreed before the child was born.

It is argued by some people that those checks are unnecessary because the overwhelming majority of applications are approved. I simply do not accept that. The fact that a system usually finds that everything is in order does not mean that the checks serve no purpose at all. Their existence helps to ensure that proper standards are followed. If the process is too cumbersome, it should be made more intuitive; if families receive inconsistent advice, that advice should be made clearer; and if the courts or CAFCASS lack the resources to deal with applications promptly, the Government should address that. Delays should be reduced, but that does not warrant the underlying protections’ being diminished. I ask the Minister whether the Government remain committed to the parental order process, and what they will do to reduce unnecessary delays while retaining independent welfare assessments.

My second point concerns the woman who gives birth. Under the present law, the woman who carries and gives birth to a child is the child’s legal mother. Legal parenthood is transferred only after she has given valid consent following the birth. It would be ill-judged to dismiss that as an outdated legal technicality, as it recognises the physical, medical and emotional consequences of pregnancy and childbirth. The law normally prevents consent from being given until six weeks after the child is born. That period of time is necessary: a decision made before childbirth cannot fully account for the experience of giving birth, the mother’s health afterwards or how she may feel when the child is born.

If intended parents became legal parents automatically, that protection would be reversed. The woman who carried and delivered the child would instead have to take legal action if she wished to withdraw her consent or assert her own rights. That should concern us all, particularly where there is a financial or social imbalance between the surrogate mother and the intended parents. A system that depends on someone’s having the knowledge, confidence and money to begin legal proceedings may offer very little protection in practice.

Compassion for intended parents cannot require Parliament to treat the woman who gives birth as a temporary party to somebody else’s story, nor should this be presented as a contest between traditional and modern families. Recognising different kinds of family does not require us to reduce the rights of the woman who carries the child. If the Government are considering recognising intended parents from birth, I ask the Minister to set out what protection would remain for a surrogate mother who changed her mind after giving birth.

The third issue is of growing concern: the increase in international commercial surrogacy. The majority of parental order applications now concern children born overseas. Applications relating to children born internationally reportedly rose from 215 in 2021 to 509 in 2025; in that same year, there were 150 applications relating to children born in the United Kingdom. That marks a significant change in surrogacy in this country. International arrangements may involve large differences in wealth and power, commercial contracts that would not be enforceable here, complicated payment arrangements made through intermediaries and serious doubts about whether consent was properly informed and freely given.

[Jim Shannon]

I should have said this in my earlier contribution, but I refer the hon. Gentleman to page 31 of the Library’s “Surrogacy in the UK” briefing, where it refers to some physical circumstances and risks that came up in a Canadian population-based surrogacy study that I think are incredibly important. It says:

“Some research suggests that using an egg from a relative may reduce these risks”.

Does the hon. Gentleman agree that we need to consider the Canadian perspective and the surrogacy study that they did?

[Dr Shastri-Hurst]

The hon. Member always comes to these debates well prepared and well briefed. I think the point he is making, which we can all agree on, is that this is an incredibly complex area that we cannot rush to legislate on, nor should we seek to water down the clear protections that currently exist.