Posts Tagged ‘UK surrogacy’
Sunday, April 7th, 2013
The Human Fertilisation and Embryology Authority has voted to update the guidance it gives to UK fertility clinics on surrogacy. The new Code of Practice will:
* clarify what UK clinics should say to surrogacy patients, and
* update clinic procedures and forms for surrogacy.
The HFEA voted to make these changes (following advice from NGA and its own lawyers) at its meeting on 20 March 2013 and will now undergo a period of consultation on the practicalities, before the new Code of Practice is introduced on 1 October 2013. This includes a workshop for clinics and professionals practising in surrogacy, to be held at the HFEA on 30 April 2013.
We congratulate the HFEA on a very sensible decision, which will mean clearer guidance for parents and clinics dealing with increasing numbers of surrogacy cases. In particular, it will be made clear that where a surrogate is unmarried, one of the intended parents (whether gay or straight, and whether or not a biological parent) can be named on the child’s initial birth certificate together with the surrogate. This approach will make the HFEA’s guidance entirely consistent with longstanding practice at register offices and in the family courts.
You can find out more about the HFEA meeting on 20 March here, and there is more on our website about surrogacy law.
Note added – Natalie has written an article for Bionews on this issue ‘The HFEA gets into gear on surrogacy’ which you can read online here.
Tags: Authority meeting 20 March 2013, Code of Practice, HFEA, Natalie Gamble Associates, surrogacy campaigning, surrogacy law, surrogacy lawyer, UK surrogacy
Posted in fertility law, gay men surrogacy, same sex parenting, UK surrogacy, Uncategorized | Comments Off
Thursday, March 7th, 2013
Natalie was interviewed by James Naughtie on this morning’s BBC Radio 4 Today Programme about surrogacy (listen again here). The programme covered a US surrogacy case which hit the news after a US surrogate mother refused to terminate her pregnancy at 21 weeks when it was discovered that the baby would be born severely disabled.
In the UK, surrogacy law gives all the rights to the woman who carries the pregnancy – she is the legal mother. Although a case like this has never happened in the UK, if it did there would be no doubt (as there was under US law) that the surrogate mother would hold all the cards. But is this the right approach?
In practice, we know on the ground that surrogacy disputes are incredibly rare. For the vast majority of cases, it would make more sense for the intended (biological) parents, rather than the surrogate, to have legal responsibilities much earlier – it’s what everyone involved wants, and the long delay transferring parenthood leaves children vulnerable for far too long. And where there are disputes, we need a more sophisticated approach to balancing the interests of all involved – surrogate, parents and child.
The real lesson of this case is that we can avoid problems like this by giving the right support at the start. Parents and surrogates need to communicate clearly, and those with radically mismatched views on termination should not proceed together. That is why it is so crazy that UK surrogacy law goes out of its way to deny those going into surrogacy arrangements the support they need. Under UK law, surrogacy contracts are unenforceable and illegal for lawyers to draft, and professional matching and brokering services are prohibited by criminal law. It’s time for that to change.
There is more information about surrogacy law and our campaigning work on our website.
Tags: Marilyn Crawshaw, Natalie Gamble, surrogacy campaigning, surrogacy law, Today, UK surrogacy
Posted in fertility law, gay men surrogacy, international surrogacy, UK surrogacy | Comments Off
Friday, January 25th, 2013
Metro featured a big spread on Wednesday asking whether commercial surrogacy should be made legal in the UK.
Read Natalie’s comments on the increasing acceptance of surrogacy, and the need to create a more structured legal framework, as well as legal changes urgently needed to include single parents and to give intended parents legal status from birth. The Metro article is here.
You can also find out more about surrogacy law and our campaigning work from our website. Follow us on Twitter if you want to get involved.
Tags: Barrie Drewitt-Barlow, British Surrogacy Centre, commercial surrogacy, Metro, Natalie Gamble, surrogacy law, Surrogacy UK, UK, UK surrogacy
Posted in gay men surrogacy, international surrogacy, Natalie Gamble Associates news, same sex parenting, UK surrogacy | Comments Off
Tuesday, January 22nd, 2013
Red Magazine has a feature this month about alternative routes to parenthood. From Melanie and her husband who have surrogate twiblings born five days apart, to gay dads with twins created with the same egg donor but each of their sperm (something we actually see quite a lot of), Kate Bussmann shows just how much is now possible, and the positive impact that increasing diversity is having.
Natalie talks about our experience on the ground of working with non traditional families and says:
“I’m constantly surprised by how many variations there are on having a child, the technologies available and the situations people get themselves into… Gay families are obviously different, so they are inevitably having those conversations with children and developing the language. I think it’s helping heterosexual couples deal with some of those issues, because they can see same-sex couples dealing with it in such a positive way. We have experienced a real cultural shift, particularly with donor conception – 20 or 30 years ago, heterosexual couples were told it was best never to tell the child. Now everyone is encouraged to be open and treat it as a positive thing. It’s a complete revolution in thinking. “
The article has a positive message, with stories including that of Fiona O’Driscoll of Surrogacy UK whose surrogate is now ‘Auntie Kate’ to her kids, and research from Stonewall which shows that children with same sex parents are just as likely to be happy as any others. It explores how gay parents are helping to push some positive trends, and how language is evolving fast to keep up.
It’s great to see such a positive piece, which really does reflect what we see on the ground every day. As Kate Bussmann says so eloquently: “And of all the parents I spoke to, gay or straight, with donors or surrogacy, the stories were almost entirely positive. They’re proud of forging their own version of ‘normal’ and more than one of them described the ‘richness’ that comes with having all those extra people in their lives.”
Amen to that.
You can read the Red feature in full here, or find out more about surrogacy, donor conception and our campaigning work from our website.
Tags: alternative family, fertility law, Fiona O'Driscoll, Jacqueline Davies, Kate Bussmann, Natalie Gamble, Red magazine, same sex parent, Siobhan Freegard, Surrogacy UK, UK surrogacy
Posted in family building, fertility law, Natalie Gamble, same sex parenting | Comments Off
Tuesday, January 15th, 2013
The Independent newspaper has criticised the sharp rise in international surrogacy arrangements, quoting Natalie on UK surrogacy law. Responding to a study newly published in the Journal of Social Welfare and Family Law, the Independent says that international surrogacy urgently needs regulating to prevent child trafficking, just like inter-country adoption a generation ago. It points to the rise in rich westerners accessing surrogacy in poor countries like India, and highlights how UK law fails to stop the practice and simply gives parents a ‘rap on the knuckles’ after the event.
At NGA we are proud to have helped parents win legal parental status after international surrogacy. We believe it is the right outcome for much-wanted families who are trying to navigate outdated law. The process is not easy, and the UK court applies great care and sophistication, keeping its focus quite rightly on the welfare of the child.
Surrogacy is very different from adoption, because it involves parents conceiving their own biological child. Collaborative reproduction can be positive – a win-win process which addness richness to the lives of all involved, including the cherished child. But there are potential problems too. The worry is that women will be pushed (whether by exploitative intermediaries or by environmental factors like poverty) into becoming surrogate mothers without fully understanding the risks or without free consent. This is what regulation needs to deal with, not placing restrictions on parents.
And before we start criticising countries like India, let’s get our own house in order. The lack of up to date law and regulation in the UK is what is driving parents abroad for surrogacy. We don’t need to stop parents crossing borders; we need to make surrogacy safer, easier and better regulated in the UK so they don’t need to.
You can read the Independent article here (and a follow up article in the Daily Mail). You can find out more about international surrogacy law and our campaigning on surrogacy from our website.
Tags: Independent, international surrogacy law, Journal of Social Welfare and Family Law, Marilyn Crawshaw, Natalie Gamble, surrogacy campaigning, UK surrogacy
Posted in fertility law, gay men surrogacy, international surrogacy, Natalie Gamble, Natalie Gamble Associates news | Comments Off
Friday, January 11th, 2013
We are thrilled to have been nominated by G3 magazine for two of their Readers’ Awards. As a team, NGA has been nominated for the Family Provider/Initiative of the Year, while Natalie has been nominated as Diversity Champion of the Year.
Introducing the Awards, G3 says:
“The Awards are designed to showcase those individuals and organisations who have demonstrated an outstanding commitment to the LGBT community. We believe that those who go the extra mile to ensure equality of opportunity and fair treatment for all, deserve to be recognised.”
Thank you so much to the readers who nominated us. The winners will be unveiled at an awards ceremony hosted by Charlie Condou and Sophie Ward in April. If you would like to vote for us to win, you can vote here.
Tags: alternative family, Diversity Champion, donor conception, Family Provider/Initiative, G3 award, gay parent, lesbian parent, Natalie Gamble Associates, UK surrogacy
Posted in civil partnership, donor conception, fertility law, gay men surrogacy, lesbian parenting, Natalie Gamble Associates news, same sex parenting | Comments Off
Thursday, November 15th, 2012
Some days I feel very proud of what we do here, and today is one of those days. After a campaign of more than five years, I am thrilled to post that the government announced yesterday that they would be introducing adoption leave (equivalent to maternity leave) rights for parents through surrogacy.
Until now, parents whose biological child is carried by another woman have had no rights to time off work when their new baby arrives, unlike parents who give birth or who adopt a child. This has been grossly unfair, and resulted in parents through surrogacy having to quit their jobs or go back to work if their employer does not (or cannot) give leave on a discretionary basis.
The new rights will be introduced as part of the government’s maternity leave and adoption leave reforms, expected to come into force in 2015. Although the full detail has yet to be confirmed, we know that parents through surrogacy will be entitled to two antenatal appointments during the pregnancy, and adoption leave after the birth. This will be available to all couples eligible to apply for a parental order, including heterosexual parents and gay dads. Surrogate mothers will also retain their right to maternity leave to recover from giving birth.
More information is available in the government’s response to the consultation on modern workplaces which says:
We propose that intended parents in surrogacy cases who satisfy the criteria for a Parental
Order and intend to apply, or have applied, to a court for a Parental Order will be entitled to
leave and pay on the same basis as adopters who are eligible for statutory adoption leave
and pay, subject to the qualifying conditions and evidential requirements. In addition, both
intended parents will be entitled to take unpaid time off to attend two antenatal appointments
with the surrogate mother carrying their child.
What is so exciting about the change, as well as the practical legal rights it will introduce for new parents, is that this is the very first time in UK legal history that parents through surrogacy have been recognised as having any rights in advance of the birth of their child. This is a very significant recognition that surrogacy is real and here to stay, and hopefully a first step towards wider reform of our surrogacy laws.
There is more information about surrogacy law on our website, and more about our campaigning work.
Tags: fertility law, fertility lawyer, gay men conception, gay parenting, gay surrogacy law, international surrogacy law, law, maternity, maternity leave, Natalie Gamble, Natalie Gamble Associates, surrogacy campaigning, surrogacy law, surrogacy lawyer, surrogacy solicitor, UK surrogacy
Posted in fertility law, gay men surrogacy, international surrogacy, Natalie Gamble Associates news, same sex parenting, UK surrogacy, Uncategorized | Comments Off
Sunday, November 11th, 2012
Kyle’s story has featured in a big piece in the Daily Mail, and in the Metro, as well as various other local stories and radio interviews. Well done to Kyle for championing the rights of single dads: we are right behind you!
You can read the Daily Mail feature here, or find out more about surrogacy for single parents from our website.
Tags: gay surrogacy law, Kyle Casson, Natalie Gamble Associates, single father, solo dad, solo father, surrogacy agreements, surrogacy law, surrogacy lawyer, surrogacy solicitor, surrogate mother, UK surrogacy
Posted in family building, fertility law, gay men surrogacy, Natalie Gamble Associates news, same sex parenting, UK surrogacy | Comments Off
Monday, November 5th, 2012
Today’s ITV Daybreak featured Kyle Casson, a single dad who we are proud to be working with on his journey to become the first single parent through surrogacy in the UK. Well done to Kyle for speaking out so bravely, and for being such a great a champion for solo dads.
Kyle spoke characterically warmly about his plans to be a father. He has always wanted children, and wants to do it in his twenties (with active grandparents) rather than waiting for a partner who may not come along. He has planned things carefully, is financially secure, has the enthusiastic support of his family, and has a surrogate who wants to help him. You can see Kyle talking about his story on ITV Daybreak here.
So what does the law say?
The law in the UK has never made it illegal to enter into a surrogacy arrangement as a single father. But it doesn’t make it easy either. Most parents through surrogacy (including gay dads and unmarried couples) can apply for a ‘parental order’ after their child is born. This is an order made by the family court which gives the intended parents a new birth certificate and extinguishes the responsibilities of the surrogate mother. Single parents are not, however, eligible to apply.
This means it is perfectly legal for Kyle to have a child through surrogacy in the UK, but the normal solution for families created through surrogacy (designed to give lifelong security and certainty for the child) is not available. He will have to get creative with using law designed for other purposes to secure his family and resolve the position of his surrogate – adoption being the best alternative to a parental order if the family court will agree to help.
Our call to action
On behalf of Kyle and the increasing numbers of solo prospective dads we are advising (some going abroad for surrogacy, others entering into co-parenting arrangements) we at NGA call for parental orders to be made available to solo parents. The law has already been extended, in 2008, to allow gay dads and unmarried couples to apply, and it is now time to allow single parents to apply too. This would bring the law into line with adoption law, which allows single parents to become adopters, and with reproductive law for women which was specifically amended in 2008 to allow solo mums to conceive through donor insemination.
We frequently see heartbreaking cases caused by the denial of surrogacy to single parents. A change to the law would benefit not only prospective solo dads like Kyle, but also single women who have survived cancer and need the help of a surrogate to carry their child, and widowed fathers who want to use embryos in storage, just as widowed mothers are able to do.
And what do we say to people (like the lady on Daybreak with Kyle this morning) who say that such solo parents who want to have children are selfish? Well, wanting to be a parent is something most human beings experience, so it comes down to whether children suffer harm if raised without a mother and a father. This is an old question for non-traditional families, and the answer (backed by long research, including by the Centre for Family Research at Cambridge University) is that children in deliberately created non-traditional families (including solo parent families) have good outcomes, and are in a very different position from children whose parents have separated. It is the quality of the relationships which matters, and not the gender or number of the parents.
Find out more from our website about surrogacy law for single parents, or about the options for gay and solo dads.
Tags: fertility law, gay men conception, gay surrogacy law, international surrogacy, international surrogacy law, ITV Daybreak, Kyle Casson, single father, solo father, surrogacy campaigning, surrogacy law, surrogacy lawyer, surrogacy solicitor, UK surrogacy
Posted in family building, fertility law, gay men surrogacy, international surrogacy, same sex parenting, UK surrogacy | Comments Off
Tuesday, October 23rd, 2012
Natalie has written a comment piece for Bionews criticising the unchallengeable position surrogate mothers are currently given by UK surrogacy law.
The law in the UK has long provided that the woman who gives birth is the legal mother. In surrogacy cases, the intended parents (one or both of whom must be the biological parents) can apply to the family court to have parenthood reassigned to them, but they are entirely dependent on the surrogate and her husband/civil partner giving their consent. If it is withheld, they cannot become the legal parents. Conversely, if the intended parents do not take responsibility, the surrogate has no means of holding them both legally responsible for the life they have created.
Natalie criticises the law as being outdated in a modern age in which surrogacy is becoming more common. Very few arrangements do go wrong (a proportion of roughly 0.02%) and where things run to plan, the current law means that parental responsibility is left in the wrong hands for far too long, contrary to everyone’s wishes and the best interests of the child. In the rare cases where things go wrong, the courts in practice decide care arrangements flexibly on a best interests basis, but legal parentage can remain unresolved forever.
It is time for us to introduce law which deals with surrogacy in a much more sophisticated way, understanding that it is a collaborative process in which the rights and responsibilities of everyone involved – the surrogate, her partner, the intended parents and the child – all need to be carefully balanced. This is what both surrogates and parents want, and what is in the best interests of children born through surrogacy.
You can read Natalie’s comment piece Should surrogate mothers still have an absolute right to change their minds? or find out more about surrogacy law from our website.
Progress Educational Trust, which publishes Bionews, is a wonderful charity which does crucial work informing debate on assisted conception and genetics. You can donate to PET or subscribe to Bionews by clicking here.
Tags: Bionews, consent, fertility law, international surrogacy, Natalie Gamble, surrogacy agreement, surrogacy campaigning, surrogacy law, surrogacy lawyer, surrogacy solicitor, surrogate mother, surrogate mother change of mind, UK surrogacy
Posted in international surrogacy, Natalie Gamble, Natalie Gamble Associates news, UK surrogacy | Comments Off
The Human Fertilisation and Embryology Authority has voted to update the guidance it gives to UK fertility clinics on surrogacy. The new Code of Practice will:
