Law Commission proposals could transform international surrogacy – Katie Newbury writes for Free Movement

Katie Newbury, senior associate in our immigration team, writes for Free Movement on the Law Commission's proposals that could transform international surrogacy.

The Law Commission has proposed a new surrogacy pathway, replacing the “outdated” existing laws about having a child on behalf of somebody else. The key provisions of the current legislation have remained relatively constant for almost thirty years, despite considerable change in the use of surrogacy arrangements over that period of time. Under the new proposals, intended parents would become legal parents when the child is born to a surrogate, rather than having to apply to a court for a parental order after the birth.

Overall, the proposals represent very positive recommendations, some of which can be introduced immediately. The ongoing worry (particularly in light of the excessive time it took to make changes to parental orders for single applicants) is whether legislative time can be found in Brexit Britain to make the more substantive reforms."

The full article can be read in Free Movement here. 

It covers issues including:

• International surrogacy and British citizenship

• International surrogacy and UK immigration law

• International surrogacy and legal parenthood

About the author

Katie Newbury is a senior associate in the immigration team at Kingsley Napley.  She has experience across a wide spectrum of UK immigration matters. Her particular expertise includes applications made under Tier 1 of the Points Based System, complex personal immigration matters, as well as the immigration implications of international surrogacy and adoption.