Anuradha Kurl, Partner and Solicitor at UK family law firm Crisp & Co, argues that it is crucial to address the recent concerning developments in Italy, where surrogacy is set to become criminalised for those seeking it abroad.
Anuradha emphasises that this setback exposes a significant lack of understanding and support for women and LGBTQ+ couples seeking surrogacy to build families.
Anuradha argues that this disheartening news is a wake-up call for the UK to take prompt action and advocate for essential reforms within its borders. The current legal process for parenthood transfer in the UK is complicated, time-consuming, emotionally taxing, and financially burdensome. It even becomes distressing if medical emergencies arise during the waiting period.
To foster an environment that genuinely embraces diverse families and upholds the rights of women and LGBTQ+ couples, Anuradha argues it is imperative that we unite to reform these laws.
“The UK’s surrogacy law desperately needs modernisation to ensure that surrogacy agreements are consistent, clear, and safe.
The problem lies in the law’s heavy reliance on trust. Even if the child is genetically related to the intended parents, the legal parent is the surrogate when the child is born. As a result, intended parents miss out on crucial moments, such as being present at birth and being involved in making medical decisions. Granting legal parentage at birth would eliminate risks for both the surrogate and intended parents.
Unfortunately, the current UK laws have driven some prospective parents to seek surrogacy opportunities abroad.”