DO WE NEED A FEMINIST ANALYSIS OF SURROGACY? THE LAW COMMISSION OF ENGLAND AND WALES AND THE SCOTTISH LAW COMMISSION HAVE BEEN CONDUCTING A PUBLIC CONSULTATION ON PROVISIONAL PROPOSALS FOR REFORM OF THE LAWS GOVERNING SURROGACY IN THE UK. THE CLOSING DATE FOR THE CONSULTATION IS OCTOBER 11, 2019. AFTER REVIEWING ALL RESPONSES, THEY WILL DECIDE ON THEIR FINAL RECOMMENDATIONS FOR LAW REFORM, ACCOMPANIED BY A DRAFT BILL (LEGISLATION) IN 2021.
THEIR PROJECT DOES NOT SEEK TO EXAMINE WHETHER OR NOT SURROGACY SHOULD BE ALLOWED. INSTEAD, THE COMMISSIONS’ FIRST PREMISE IS THAT SURROGACY IS AN ACCEPTED FORM OF BUILDING A FAMILY, AS RECOGNISED BY THE DEPARTMENT OF HEALTH AND SOCIAL CARE (DHSC). THE DHSC ALREADY RECOGNISES SURROGACY AS A LEGITIMATE FORM OF FAMILY-BUILDING. THEIR FOCUS IN THE PROJECT IS ON IMPROVING HOW SURROGACY OPERATES. THEY BELIEVE THAT WHILE SOCIETY AND ATTITUDES HAVE EVOLVED, THE LAW HAS NOT DONE SO SUFFICIENTLY.
THE SPEAKERS ON THIS PANEL - Julie Bindel, Sheela Saravanan, Jennifer Lahl and Renate Klein - CHALLENGE THE COMMISSIONS’ PROPOSITION THAT SURROGACY IS PROGRESSIVE. THEY DEMONSTRATE THAT WHEN THE FOCUS SHIFTS ONTO A FEMINIST EXAMINATION OF WOMEN, WOMEN’S BODIES AND WOMEN’S HUMAN RIGHTS A DIFFERENT CONCLUSION ABOUT THE POLITICS OF SURROGACY WILL BE REACHED.
