Surrogacy

Lord Hunt of Kings Heath Excerpts

Wednesday 14th December 2016 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I, too, welcome the initiative of the noble Baroness, Lady Barker. I endorse her praise for Baroness Warnock’s outstanding work, which led to the legislation which the noble and learned Lord, Lord Mackay, took through the House. I very much hope that he will speak more often in the gap in future because his contributions in this area are always so welcome.

The noble Baroness, Lady Barker, spoke compassionately and persuasively in favour of updating the law to deal with some of the problems she identified. The noble Lord, Lord Faulks, illuminated the problems arising from a case where the children were left in limbo. However, as the noble and learned Lord, Lord Brown, said, this, of course, is not the only problem. The report of Surrogacy UK, which was endorsed by Baroness Warnock, sets out very clearly some of the challenges that we face with the current law. The report concludes that,

“the time is ripe to embark upon reform of surrogacy law”,

and makes it clear that the current law is,

“out of date and in dire need of reform”.

I will refer to three areas that the report identifies. First, it states:

“Our recommendations for reform centre on the welfare of surrogate-born children and on realigning the law with their best interests”.

Secondly, it states that,

“the principle of altruistic surrogacy in the UK”,

must be guarded. Thirdly, it states:

“The law must recognise the correct people as parents of children born through surrogacy”.

I also draw the House’s attention to the three recommendations the report makes to the Government. First, it states:

“The Department of Health … should … publish a ‘legal pathway’ document for intended parents and surrogates”.

That is a very interesting and important recommendation. Secondly, the report states:

“The Department of Health should produce guidance for professionals in the field”.

Thirdly, the report states:

“Surrogacy should be included in schools’ sex and relationships education”.

Perhaps the Minister, in responding, will say whether the Government have considered those three specific recommendations and are prepared to take them forward.

The noble and learned Lords, Lord Mackay and Lord Brown, and the noble Viscount, Lord Craigavon, emphasised their desire for the Law Commission to undertake a review. It has undertaken a consultation and the noble Viscount, Lord Craigavon, said that it is monitoring this debate. We appeal to the Government to refer this matter to the Law Commission.

If the Law Commission option is not taken forward, will the Government then be prepared to undertake their own review of the law? It is clear that, one way or another, we need this issue taken forward. The work needs to be done carefully but at a pace. I hope that the Minister will give us a positive response tonight and I look forward to her comments.