Who Has Parental Rights in Surrogacy? 15. July 2014 Jenny Blog, Legalities of Third Party Reproduction, Surrogacy (1) The not so new surrogacy legislation was passed in 2010. This has sme challenges, but now makes the process crystal clear for both commissioning parents and surrogates, protecting all parties throughout by means of a formal contract which is submitted to the High Court following the providing of supporting necessary documents. This all makes it easy for the judge to approve the process. This court date is provided by the court. Essentially surrogate mothers have no further rights after giving birth and the commissining parents are requird to honour their new parental responsibilities.