Surrogacy is a complicated area of law, full of expense and uncertainty. Gareth and Ollie Locke-Locke have brought this to the media's attention by sharing their surrogacy journey so far on the popular reality television series 'Made in Chelsea'. The couple have recently, and unfortunately unsuccessfully attempted IVF via surrogacy using a Brazilian egg donor and UK-based surrogate. Now, they are embarking on their next attempt to expand their family. 

The Law Commission is due to publish its report on updating archaic laws relating to surrogacy this Autumn. The current law has been around since the 1980s. Since then, society has changed profoundly; for example, same-sex relationships are now legally recognised in both civil partnerships and marriages. 

Changes are needed, particularly for same-sex intended parents who face additional obstacles when the surrogate lives abroad. For example, the status of the same-sex relationship may not be recognised in the surrogate's country of residence and this must be checked carefully. In addition, there will be delays with obtaining passports and visas for the baby. Overall, the procedure to bring a baby home to the UK must be made easier.

Once the baby is born, Gareth and Ollie will have to apply to the Court for a Parental Order within six months of the baby's birth. That order will recognise them as the baby's parents. It is a mighty long wait from the news they are having a baby, to being recognised as the legal parents. This time line needs to be changed so they are recognised as parents upon the baby's birth.

Fingers crossed that some of these changes are implemented into law for a smoother surrogacy process for any hopeful parents to be. We will share any updates as and when they come in, hopefully later this year.

To discuss how we can support you with your surrogacy journey, please get in touch with me by emailing RashmitaVadher@incegd.com. For more information and advice about the surrogacy process, visit the page on our website here.