Human Fertilisation and Embryology Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 41 to 45. Surrogacy is a very sensitive issue on which people hold differing views. We recognise that there are situations where a couple wish to have a child of their own but are not able to and may wish to seek to use a surrogate, such as where a woman in a well established relationship has eggs but no functioning womb. It is important that there are organisations to which they can turn for support and advice if they choose to consider surrogacy. Amendments Nos. 41 to 45 relate to surrogacy organisations and the aspects of their services for which they may charge. Clause 59 amends the Surrogacy Arrangements Act 1985 to clarify the position in law of non-profit making surrogacy organisations. It makes it clear that they may charge for certain aspects of their services on a non-profit-making basis, and enables them to advertise the services for which they may charge. These bodies have a useful role to play in initiating negotiations with a view to making surrogacy arrangements and compiling information about surrogacy with a view to its use in making or negotiating a surrogacy arrangement. We recognise, however, that it is difficult for a surrogacy organisation to provide such services for the small number of people who seek advice and help with surrogacy in the UK if they are not able to make a charge to recoup the cost of providing them. The amendments to Clause 59 state that such organisations may charge for certain activities, but only if they do not make a profit—in essence, if it is not undertaken on a commercial basis. They may charge for initiating negotiations with a view to the making of a surrogacy arrangement such as enabling interested parties to meet each other to discuss a possible surrogacy arrangement, and compiling information about surrogacy with a view to its use in the making or negotiation of a surrogacy arrangement—establishing and keeping lists of people willing to be surrogates, or intended parents, for example. These provisions would enable not-for-profit organisations to charge for putting couples in touch with each other, but not for any more direct intervention in discussions. The amendments in the Bill to the Surrogacy Arrangements Act 1985 are not seeking to turn surrogacy into a commercial industry. The 1985 Act took firm steps to ban any commercialisation of surrogacy and that principle has not changed. Amendments Nos. 41 to 45 deal specifically with the issue of cross-subsidisation by surrogacy organisations. There was debate in the other place about the potential for cross subsidisation—surrogacy organisations charging more for the activities for which they are able to charge so that they can undertake those activities for which they are not able to charge. It is our intention that surrogacy agencies should not be permitted to charge more for the activities for which the Bill allows reimbursement in order to subsidise the cost of providing other activities for which charging is prohibited. Amendments Nos. 41 to 45 are necessary to ensure that this position is clarified in the Bill. Moved accordingly, and, on Question, Motion agreed to. 46: Page 51, line 13, at end insert- ““( ) An order under this section which modifies an enactment in consequence of any provision of Part 2 may modify subsection (5) of section 53 (interpretation of references to father etc.).””