The Law Commissions' Consultation on Surrogacy

Closes 11 Oct 2019

Chapter 18: Impact

117. Consultation Question 109:

We invite consultees who are intended parents, live in the UK, and have entered into a surrogacy arrangement that led to the birth of a child to tell us:

(1)          when the child was born;

(2)          whether the arrangement was domestic or international and, if international, in which country the arrangement took place;

(3)          whether the arrangement led to the making of a parental order in the UK; and

(4) whether they are a:

118. Consultation Question 110:

We invite consultees who have experience of applying for a parental order in the UK to tell us:

(1)          whether the surrogacy arrangement was domestic or international;

(2)          whether they had legal advice before the making of the parental order;

(3)          whether they were represented by a lawyer in court; and

(4)          the cost of any legal advice or representation.

119. Consultation Question 111: We invite consultees’ views as to the impact (social, emotional, financial or otherwise) of the current law where the intended parents are not the legal parents from birth of the child born of the surrogacy arrangement.
120. Consultation Question 112:

We invite consultees to tell us what they have paid for, or to provide evidence about the cost of:

(1)          medical screening; and

(2)          implications counselling

(where possible separating out the cost of such screening, tests or implications counselling from any other costs involved with fertility treatment).

We invite legal consultees, who advise on surrogacy and parental order proceedings, to provide evidence of what they would charge:

(1)          to provide advice sufficient to meet the proposed requirement for independent legal advice discussed in Chapter 13; and

(2)          to draft, advise on and negotiate the written surrogacy agreement required for the new pathway.

121. Consultation Question 113:

We invite consultees to tell us of the impact of:

(1)          the current requirement of a genetic link

(2)          any removal of this requirement in cases of medical necessity:

(a)          in the new pathway;

(b)          in the parental order route for domestic surrogacy arrangements; or

(c)           in both situations.

122. Consultation Question 114:

We invite consultees who consider that they might be able to fulfil the role of the independent professional discussed in Chapter 9 to tell us:

(1)          their profession; and

(2)          what they would charge to provide such a service.

123. Consultation Question 115:

We invite consultees who are intended parents to give us their views on the impact of our proposals for reform on their ability to enter into surrogacy arrangements and, in particular:

(1)          if particular proposals will increase accessibility, and why; and

(2)          if particular proposals will restrict accessibility, and why.

We invite consultees who are surrogates to give us their views on the impact of our proposals for reform on their ability to enter into surrogacy arrangements and, in particular:

(1)          if particular proposals will increase accessibility, and why; and

(2)          if particular proposals will restrict accessibility, and why.

124. Consultation Question 116:

We ask consultees who are intended parents to tell us:

(1)          whether the surrogacy arrangement was domestic or international;

(2)          what they spent, in total, on the surrogacy arrangement(s) that led to the birth of their child(ren), including the cost of fertility treatment, payments to the surrogate and payments to any surrogacy agency or organisation;

(3)          how they raised the funds for the surrogacy arrangement(s);

(4)          what they spent on any fertility treatment prior to entering into a surrogacy arrangement (where that treatment did not lead to the birth of a child); and

(5)          how they raised the funds for the fertility treatment.

125. Consultation Question 117: We invite consultees’ views as to the specific impact of our proposals in Northern Ireland.
126. Consultation Question 118: We invite consultees’ views as to any other impact that we have not specifically addressed in this chapter, or the preceding chapters, of this Consultation Paper.