Not sure which office is closest to you? Try our Office Finder.
Published: 11th June 2019
A new report from the Law Commission of England and Wales and the Scottish Law Commission has proposed changes to surrogacy laws that will allow intended parents to assume the same status as legal parents following the birth of the child.
The report proposes a new legal "pathway" to parenthood, with a new regulator being introduced to oversee any surrogacy agreements in the future.
The report is part of a public consultation launched on 6th June 2019 and also includes a proposal to establish a national surrogacy register to allow anyone born through surrogacy arrangements to access information on their origin and how they were conceived.
Surrogacy laws in England, Wales and Scotland have remained the same since they were introduced in the 1980s, with new parents having to potentially wait for many months until the court grants them a parental order.
The Law Commission feel that the laws surrounding surrogacy are "outdated and no longer fit for purpose" and their aim is to create a system that benefits the parents, the surrogates and most importantly, the child.
The report also suggests that the legal requirement that intended parents must have a genetic link to the child should be abolished, which would end discrimination against couples and individuals who can't have children of their own through infertility being prevented from having a child through surrogacy.
The one area that is still up for debate is surrogacy payments, with the consultation seeking views from the public on whether it is right to pay for surrogacy. The proposals have, however, upheld the ban on profit-seeking commercial surrogacy agencies.
The Chair of the Law Commission, Sir Nicholas Green, said: " More and more people are turning to surrogacy to have a child and start their family. We therefore need to make sure that the process is meeting the needs of all those involved."
Lady Paton, chair of the Scottish Law Commission, said: "Surrogacy has become a significant issue in today’s society. The interests of all the parties involved must be properly regulated and protected. That is the focus of our proposals."
A campaigner and surrogate father shared their view, saying: "Without our wonderful surrogate and clear surrogacy law, we would not have been able to have our first child or begin building the family we’ve always wanted."
"Good, clear law helps people make stronger, clearer decisions. Solid, definitive surrogacy law in the UK will have the power to keep surrogates, egg donors, intended parents, children, and families safe. This consultation is vital for ensuring the UK succeeds in building the best surrogacy law in the world."
If you require assistance with any aspect of family law then the team at K J Smith Solicitors can help. For more information or to arrange a free 45 minute consultation, please contact us today on 01491 630000 (Henley on Thames), 0118 418 1000 (Reading Head Office), 0118 418 1200 (Reading Central), 01256 584000 (Basingstoke), 01483 370100 (Guildford), 01494 629000 (Beaconsfield), 01235 375500 (Abingdon), 01344 513000 (Ascot), 01635 785 100 (Newbury), 01962 587900 (Winchester), 0204 599 7400 (Richmond) or email info@kjsmith.co.uk.
We also serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Oxford, Slough, Wokingham, Pangbourne, and High Wycombe.
Select your location / postcode below:
All our offices are easily accessible by road, rail or bus and we are open Monday to Friday from 9:00am to 5:30pm.
Not sure which office is closest to you? Try our Office Finder.
If you would like to visit our team of family solicitors, we have offices in Henley-on-Thames (Head Office) Reading, Basingstoke, Guildford, Beaconsfield, Ascot, Oxford, Newbury & Winchester, St Albans, and Southampton. We serve a wide range of other areas including Abingdon, Bracknell, Gerrards Cross, Maidenhead, Marlow, Reading (central), Slough, High Wycombe and Wokingham.
Why not contact our team of divorce solicitors for a free initial consultation today? We offer a free initial consultation that can take place in any one of our offices or over the telephone.
We are proud to have represented many excellent clients. Below are some comments our clients have made about us.
We are always looking for exceptional people to join our team.
Whether you are considering a move now or at some point in the future, we would love to hear from you and learn more about your career goals and motivations.
At K J Smith we pride ourselves on our commitment to offering support, guidance and career development across all roles. You will receive a competitive salary along with a comprehensive range of benefits.
Partner at our Ascot office
"I joined K J Smith with an open mind and with the expectation of developing and adding diversity and challenge to my career, having spent 23 years in a comfortable position with a traditional high street practice.
I can honestly say that K J Smith have exceeded my expectations. Since joining, I have felt supported and encouraged by the firm’s continued commitment to growth and improvement. The company allow staff at all levels to have a voice and recognise the importance of investment in their employees at every level."
