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Views on Legal Reform
Specific elements of reform:
“The current system does not assign parenthood to the correct parties from birth”
Majority agreement in all groups
“Surrogates should be allowed to receive payments, not just expenses”
More of an even spread of answers in all groups
“Surrogacy contracts should be enforceable, except where the best interests of the child are not met”
Also very high level of support for:
• “POs should be able to be pre-authorised (e.g. by a court) so they are effective from
with the IPs at birth”
birth”
• “Legal parenthood should automatically rest
Our recommendations
No question that reform is needed:
• Must centre on the welfare of children/families
• Existing data is inadequate – before reform happens it is important to take
time to address this
• Reform should also focus on how data is collected post-reform
• Focus on why people go overseas for surrogacy, despite the risks? Why isn’t
the UK the 1st choice and how can we make it that?
• Promote surrogacy as a relationship and not a transaction
• Should continue to allow reimbursement for surrogates
• Should consider ways of recognising IPs as legal parents at birth
• Single people / double donation couples should be able to become
parents through surrogacy
• Rules on surrogacy-related advertising and mediation of arrangements should be reviewed in context of non-profit organisations
• State agents involved (DoHSC, MoJ, Cafcass etc) should produce better, clearer and joined-up guidance for those involved and professionals –
COMPLETE!
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