Surrogacy Law and Legal Parenthood

Rebecca Smith Excerpts

Monday 7th September 2026 Westminster Hall

[Rebecca Smith (South West Devon) (Con)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I welcome this debate.

As we know, the petition asks for parental orders to be permitted at birth. I believe that Members should approach the proposal with extreme caution. The number of people who have signed the petition—over 113,000, including 226 of my own constituents—is clearly testament to the strength of feeling on the issues. However, the petitioners frame the parental order process as an obstacle to parental rights, but that is fundamentally misleading. The legal process provides important protections for surrogate women and the children they carry. Currently, intended parents can apply for parental orders only after six weeks from the birth, and they must usually do so within six months. That cooling-off period provides a vital safeguard for the surrogate mother, and we should not dispense with it lightly.

I believe we need to take a step back and remember why this House has historically approached surrogacy with so much caution. It is now undeniable that we have moved well beyond the purposes originally used to justify IVF and assisted reproductive technologies. IVF was initially intended to help a childless couple have a child, not to create a contractual market out of pregnancy. That sense of mission creep is also evident when we look at the Surrogacy Arrangements Act 1985. The Warnock committee, whose report led to the Act, did not regard surrogacy as simply another form of fertility treatment. Now, over 40 years later, surrogacy has become just another service routinely offered at clinics across the country. Technology allows us to separate genetic parenthood, gestational motherhood and social parenthood. However, it does not mean those relationships are interchangeable. Technology may give us choices, but it does not absolve us from making ethical judgments about those choices.

It is worth noting that the UK is an outlier in allowing any form of surrogacy at all. Surrogacy is much more strictly limited, or even completely prohibited, in countries including France, Germany, Italy, Spain, Sweden and Switzerland. We know that some of those countries are particularly liberal in other areas, so the fact that they are strong on this gives us reason to question why they take that position. That reflects the serious ethical questions that arise when a child is intentionally separated from the woman who carried them in the womb. Commercial surrogacy is illegal across the EU, where it is classed as a form of child trafficking. Indeed, the UN special rapporteur on violence against women and girls has recommended the global abolition of surrogacy. Last year she described surrogacy as characterised by the exploitation of women and children, including girls.

In any future reforms of surrogacy legislation, the welfare and safety of women and children should remain our paramount concern. I acknowledge that the desire of many people who turn to surrogacy is for a child, and that that is a profound need within them. I think that is something on which we are all able to agree. Some women face infertility or repeated pregnancy loss, and some face medical conditions that make it impossible or even unsafe for them to carry a pregnancy themselves. For some people, surrogacy may seem to be the only path to having a child with a genetic connection to them. I do not question the deep desire for that, nor do I underestimate the pain that can come from wanting a child and being unable to have one. That said, compassion for those experiences cannot require us to overlook the women and children affected by surrogacy. By its very nature, surrogacy involves a woman’s body becoming a means to an end. She is carrying a child for the benefit of another family. My concern is that our efforts to help people to become parents risk constructing a system in which women’s reproductive capacity becomes merely a resource for others to use.

One of my main concerns with the petition is that it implies that surrogacy is closer to natural conception than to adoption; I believe that is again misguided. With adoption we do not pretend that the birth mother is irrelevant simply because she will not raise the child herself. That woman has already nurtured the child in her womb for nine months and the law rightly recognises that her role matters: the original birth record remains in existence and the adopted child can access it later in life, as an adult, if they wish. Similarly, a surrogate may not intend to raise the child she carries, but that does not mean that her role should be legally obliterated at birth.

We should also consider the needs of the child. A baby bonds with their mother in utero regardless of whether the surrogate uses her own egg in the pregnancy. The child’s birth mother is an important person in the child’s story and the law should therefore recognise the birth mother’s indispensable contribution in bringing new life into the world.

I also have concerns about financial incentives. In this country a surrogate mother cannot simply be paid a fee for producing a baby. She may receive reasonable expenses, including for things such as maternity clothing, travel and loss of earnings, but typical reimbursements now reach as much as £25,000. I think we would all agree that that is quite a substantial sum, which should give us pause for thought. There is an important distinction between reimbursement and income. It is one thing if a woman is compensated for genuine expenses, but if pregnancy becomes a source of substantial financial benefit, we need to ask whether we are still talking about altruism or whether we are creating a market in all but name. Pregnancy is not risk-free; it can involve serious medical complications. However, uncertainty about whether a payment is reimbursement of an expense or a fee clouds the situation.

We cannot discuss this issue without considering the wider international picture. Most parental orders for UK parents now involve commercial surrogacy abroad; we have heard a lot about that already. It should concern us all that international surrogacy takes place in jurisdictions where the economic circumstances of surrogate mothers are very different from those in Britain. If wealthy countries normalise the commissioning of pregnancies, there will inevitably be markets that meet that demand. In most cases, the women with the least economic power become the people expected to take the greatest physical risks.

I will finish by reiterating that I have enormous sympathy for people who want children and cannot have them naturally. Their longing is real, but true compassion must extend to everyone involved, including to the women whose bodies bear the burdens of pregnancy and childbirth and to the children they bear. Do the Government remain committed to the parental order process and the safeguards that it provides? Those safeguards are not outdated as the petition suggests; indeed, they are needed now more than ever, especially as international surrogacy arrangements are becoming the norm for intended parents in the UK. The parental order process exists to ensure that a child’s welfare comes first and that a surrogate mother’s consent is freely given. Any reform should strengthen those protections for women and children, not diminish them.

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[Josh Newbury]

Yes, absolutely. I am making the case that where everybody involved—of course, the mother is paramount in that—is happy with the arrangement and wants to go ahead with it, it could happen ahead of time. My personal belief is that there should be a cooling-off period, even if there is a reform, to ensure space for mothers to change their minds. I am making the point that the system could be far more efficient. I am not suggesting that we remove the courts from the process altogether—they should be there when needed—but a properly regulated system could allow straightforward cases to be dealt with before birth while retaining a route to the courts where there is disagreement, a safeguarding concern, consent changes or judicial oversight is required. That would not weaken safeguards; it would allow the courts to focus their time and attention on the cases where their intervention matters most.

[Rebecca Smith]

The hon. Member and I have a great shared interest in fostering and adoption and have spoken about those issues a lot in the past. To clarify, is he saying that there should still be a six-week gap between the birth and the parental order being signed, or that there should not, but that if there was a problem, the courts could still get involved afterwards? That strikes me as clouding the water even more. I appreciate where he is coming from, but I was not 100% clear on what he was saying.

[Josh Newbury]

I am not a legal expert and do not intend to insert myself into that particular legal debate, but my perspective is that if arrangements are made beforehand and a birth mother changes her mind, there should be a route back to the court and that should be built into the system. We have the six-week window that allows time for reflection, but I believe there is a way in the vast majority of cases where everybody will be happy for the arrangements to go forward and for the intended family to move on with their lives, without having to go to court, unless there is a change of heart.

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[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I give credit to all Members, who have participated in this difficult and sensitive debate in a thoughtful and constructive manner, and particularly to my hon. Friend the Member for Lichfield (Dave Robertson) for leading it. I thank Adam and Jamie for starting the petition and the more than 113,000 people who signed it. Many of my constituents asked me to attend the debate today, and I am proud to do so to stand up for families created through surrogacy.

When Adam and Jamie’s daughter was born, they became her dads the moment they held her. They had chosen to become parents and had prepared for their daughter’s arrival. They had so much love to give her, but the law did not recognise them as her parents. Often parents have to go to court to prove that they are the parents of the child they are already loving and caring for. That is just not right for the parents, for the surrogates and, more importantly, for the children, and it does not reflect the reality of the families involved. It creates unnecessary stress and anguish at an already difficult time when people are raising a newborn child.

To suggest that the concept of consent can be questioned after consent has been given is dangerous. No surrogate mother enters into this relationship lightly. It is something that women consider very carefully. I have spoken to friends who would happily be surrogate mums for other families to enable them to have children, because they enjoyed the experience of pregnancy. They would be happy to help in that way, but they would consent to that in the knowledge that they would not be that child’s mum. They would expect that child to have another mother, or mothers, or other fathers. That is the basis on which they give their consent.

To take the concept of consent in legal arguments, when people make wills—they might be vulnerable people or, much of the time, elderly people—there are always questions about whether they were put under undue influence, but there are legal mechanisms to check that that was not the case. Similarly, there are mechanisms to check whether a woman has given consent for sexual intercourse. We need to strengthen checks for consent in surrogacy relationships, but we cannot have a situation where somebody can give consent, which has been adequately checked and monitored, and then withdraw it afterwards. We have to be careful about challenging that, because it goes to the very root of consent, and it is dangerous to do so.

[Rebecca Smith]

Will the hon. Lady give way?

[Rachel Taylor]

I would like to make some progress, and the hon. Lady has made a number of points in her own speech and in other interventions.

Same-sex couples, disabled mums or mums who simply cannot have children have gone through an incredibly demanding process to start a family, and their family is treated differently from the moment their child is born. They can be left in limbo for months while social workers carry out assessments and family courts, with already massively long delays, consider their application for a parental order. That leaves them in limbo if their child is ill, taken into hospital, starts nursery school, or any number of things. Meanwhile, they are changing nappies, comforting their baby through all the sleepless nights and making every decision about their care.

Families should not be penalised because of the gender or sexuality of the people who love and raise that child. Our surrogacy laws are more than 40 years old. Families have changed and society has changed; the law must now change too. That is why the Law Commission’s proposals are so important. They set out a new pathway through which intended parents could be recognised as legal parents from birth, rather than waiting for months to obtain a parental order.

The work has been done, the evidence has been gathered and a draft Bill has already been produced. Will the Minister listen to the families who have shared their experiences, publish the Government’s full response to the Law Commission’s report and set out a clear timetable for reform? Adam and Jamie became dads the moment they held their daughter. It is time the law recognised that reality.

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[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.

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[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.