The Law Commissions' Consultation on Surrogacy

Closes 11 Oct 2019

Chapter 17: Miscellaneous Issues

109. Consultation Question 101: We invite consultees’ views as to whether the current application of the law on statutory paternity leave, and statutory paternity pay, to the situation of the surrogate’s spouse, civil partner or partner requires reform.
110. Consultation Question 102: We provisionally propose that provision for maternity allowance should be made in respect of intended parents, and that any such provision should be limited so that only one intended parent qualifies. Do consultees agree?
111. Consultation Question 103:

We invite consultees’ views as to:

(1)          whether there is a need for reform in respect of the right of intended parents to take time off work before the birth of the child, whether for the purpose of induced lactation, ante-natal appointments or any other reason; and

(2)          if reform is needed, suggestions on reform.

112. Consultation Question 104: We invite consultees’ views as to whether the duty of employers to provide suitable facilities for any person at work who is a pregnant woman or nursing mother to rest under Regulation 25 of the Workplace (Health, Safety and Welfare) Regulations 1992 is sufficient to include intended parents in a surrogacy arrangement.
113. Consultation Question 105: We invite consultees’ views as to whether there are further issues in relation to employment rights and surrogacy arrangements and, if so, any suggestions for reform.
114. Consultation Question 106: We invite consultees’ views as to whether they believe any reforms in relation to surrogacy and succession law are required.
115. Consultation Question 107:

(1) We invite consultees’ views as to whether there are any issues in how surrogacy arrangements are dealt with by the health services, and whether there are reforms to law or practice that consultees would like to see in this area.

(2) We invite consultees’ views as to any additions or revisions that they would like to see made to the guidance published by the Department for Health and Social Care for England and Wales.

(3) We invite consultees’ views as to how midwifery practice may better accommodate surrogacy arrangements, in particular with regard to safeguarding issues.

116. Consultation Question 108: We invite consultees’ views as to whether there are any other legal issues in relation to surrogacy, not covered in this Consultation Paper, that merit examination.