Ms Georgina Roberts:

I am very happy to take that question. I have done quite a lot of networking among different groups around trying to create law reform on surrogacy in England and Wales. One of the ideas, which I mentioned earlier but I am happy to go into more detail about, was an idea from someone who was going to conceive, who suggested that we record these births in an online database and then put onto every single birth certificate a link to the database or website. A person could input a code from the birth certificate to see any additional information about his or her birth. For some individuals, they would input the code from their birth certificate and there would be nothing because their mum and dad on the birth certificate are their mum and dad biologically in every way, and that would be fine. For some individuals, whether they are conceived people or surrogacy-born people, there would be additional information on the website that would indicate who the surrogate was, whether they have half-siblings, whether donors were used, and that type of information. This would, therefore, protect privacy because the information that the person was born through surrogacy would not be plastered all over the birth certificate, and it would also mean that everybody would have access to the information needed, which would be recorded in a very safe place so it could not get lost or go missing.

On the processing of birth certificates, Ms Rowley-Smith and I spoke a little bit in our opening statements about the fact that the process is very long to obtain birth certificates, and for the adoption processes. One of the things the England and Wales law reform commission is considering is a six-week period after the birth where the intended parents are automatically considered the legal parents, before the birth certificate is issued, so that if there are any medical problems or any legal problems such as claiming child benefits, or whatever, they would be considered legal parents. That six-week period, during which the birth could not be registered, would allow time for the surrogate to object if she wanted to. If there was no objection, then the legal parents would be the intended parents, and that would be fine. If the surrogate wanted to object then she would have the time and space in which to do so. The thought is that it will go to a court to decide a best interest discussion for that child, on an individual setting.

In surrogacy we can all sometimes worry about these things. Generally, people involved in surrogacy are really secure, know what they want, and know what they are doing. These issues do not happen as the media tends to make out they do. COTS has had so many births and there have not been many problems really at all. We need to bear in mind that we are talking about a minute number of cases where there might be difficulties. In the vast majority of cases, there is no problem.