“The recommendations are largely positive but the Commission has been cautious in not going as far as some would have wanted them to go."
Speaking with eprivateclient and The Law Society Gazette, senior associate Jade Quirke comments on the Law Commission's newly published recommendations for an overhaul of the UK's laws on surrogacy. The Law Commission's proposed reforms would see parents gain legal parenthood at birth.
Jade notes that the Law Commission's recommendations on the thorny issue of payments to surrogates are robust and firmer than current practices. According to the proposals, surrogates would only be able to be paid for their expenses in specified categories: "“The proposals regarding payments are questionable and the need for a parental order remains for those planning international arrangements and those who fall outside of the proposed ‘pathway.’ The million-dollar question is how long it will take them [the Government] to eventually make the proposals, whether in their current or amended form, into new law.”
The full article is available to read by subscription to eprivateclient.
Jade Quirke is a senior associate in the children and education team. She specialises in international and domestic surrogacy, adoption and all aspects of complex children law. Jade is also one of very few lawyers who advise clients in relation to fertility law matters.