In accordance with the new autonomous territory bill, residents of the island, who cannot conceive children for medical or other objective reasons, will now be able to conclude altruistic agreements on surrogacy on non-commercial basis. Violation of these rules will continue to be a crime.
The Government of Gibraltar on Monday, May 6, published a parliamentary draft proposing the adoption of a surrogacy law, which is used by citizens de facto, but for which it is necessary to create a legal framework governing these agreements. The goal is that people who cannot byself conceive children are given the opportunity to enter into non-commercial (altruistic) agreements in a legal mode, which will then allow prospective parents to adopt their biological children born to surrogates in accordance with an official parental order.
This provision will be the basis for the legal protection of surrogates. The government is convinced that by applying the same approach as the United Kingdom, Gibraltar will modernize the legal status of the family unit and eliminate potential risks that may arise in the absence of effective surrogacy legislation in Gibraltar.
The bill prohibits commercial surrogacy, which will be considered a criminal offense in Gibraltar, and establishes the liability of all participants of non-commercial agreement, i.e. this means that “a child born in this way will legally be considered a surrogate’s child by default”.
Finally, the bill details the procedure for granting legal parental rights to prospective parents.
This project also includes changes made to UK law that allows single people to request parental orders. Previously, this provision applied only to alleged parents in legal marriage.
The Minister of Health and Justice of Gibraltar, Neil Costa, explained that the discussion of this bill will be public and open to any proposals. “This will allow children born under the surrogacy programs to have the legal status of children of their parents, who used the opportunities of assisted reproductive medicine for their kids’ birth, with subsequent legal protection that will ensure clarity and fairness for all participants of the program. For those couples who cannot byself conceive a child, such agreements provide an additional opportunity to create a full-fledged family. The bill also provides this opportunity to persons who are not legally married and / or not having a partner, ” he added.
* Gibraltar is a British overseas territory on the southern tip of the Iberian Peninsula, disputed by Spain.
Based on Gibraltar News