The Law Commissions' Consultation on Surrogacy

Closes 11 Oct 2019

Chapter 9: The Regulation of Surrogacy Arrangements

37. Consultation Question 30: We provisionally propose that traditional surrogacy arrangements should fall within the scope of the new pathway. Do consultees agree?
38. Consultation Question 31: We invite the views of independent surrogates, and intended parents who have used independent surrogacy arrangements, to tell us about their experience. In particular, we would be interested to hear about any health screening, counselling and legal advice that took place.
39. Consultation Question 32:

(1) We invite consultees’ views as to whether independent surrogacy arrangements should be brought within the scope of the new pathway.

(2) We invite consultees’ views as to how independent surrogacy arrangements might be brought within the scope of the new pathway.

40. Consultation Question 33:

We provisionally propose that:

(1)          there should be regulated surrogacy organisations;

Do consultees agree?

(2)          there should be no requirement for a regulated surrogacy organisation to take a particular form; and

Do consultees agree?

(3)          each surrogacy organisation should be required to appoint an individual responsible for ensuring that the organisation complies with regulation.

Do consultees agree?

41. Consultation Question 34:

We provisionally propose that the person responsible must be responsible for (please tick as many as you agree with):

We invite consultees to identify any other responsibilities which a responsible individual should have.

We invite consultees’ views as to what experience, skills and qualifications a person responsible for a surrogacy organisation should have.

42. Consultation Question 35: We provisionally propose that regulated surrogacy organisations should be non-profit making bodies. Do consultees agree?
43. Consultation Question 36: We invite consultees’ views as to what should be included in the definition of matching and facilitation services.
44. Consultation Question 37: We provisionally propose that only regulated surrogacy organisations should be able to offer matching and facilitation services in respect of surrogacy arrangements in the new pathway. Do consultees agree?
45. Consultation Question 37: We invite consultees’ views as to whether only regulated surrogacy organisations should be able to offer matching and facilitation services in respect of surrogacy arrangements outside the new pathway.
46. Consultation Question 38: We invite consultees’ views as to the sanctions that should be available against organisations that offer matching and facilitation services without being regulated to do so, and whether these should be criminal, civil or regulatory.
47. Consultation Question 39: We provisionally propose that the remit of the Human Fertilisation and Embryology Authority be expanded to include the regulation of regulated surrogacy organisations, and oversight of compliance with the proposed legal requirements for the new pathway to legal parenthood. Do consultees agree?

If consultees agree, we invite their views as to how the Authority’s Code of Practice should apply to regulated surrogacy organisations, including which additional or new areas of regulation should be applied.

48. Consultation Question 40: We provisionally propose that surrogacy agreements should remain unenforceable (subject to the exception we provisionally propose in Consultation Question 88 in relation to financial terms). Do consultees agree?
49. Consultation Question 41: We provisionally propose that there should be no prohibition against charging for negotiating, facilitating and advising on surrogacy arrangements. Do consultees agree?
50. Consultation Question 42: We provisionally propose that the current ban on advertising in respect of surrogacy should be removed, with the effect that there will be no restrictions on advertising anything that can lawfully be done in relation to surrogacy arrangements. Do consultees agree?