Surrogacy: the current law and proposals for reform

The number of people choosing surrogacy as a way to parenthood is increasing. Whilst it is difficult to know exactly how many surrogacy cases there have been in recent years the number of applications for parental orders which is the order required to recognise intended parents as a child’s legal parents is growing. With this growth have come calls for reform to surrogacy laws which many say are outdated and do not reflect current attitudes and lifestyles.

The current law

The law on surrogacy in the UK has remained largely the same for over 30 years. The Surrogacy Arrangements Act 1985 constitutes the majority of the legislation on surrogacy in the UK albeit with the addition of the Human Fertilisation and Embryology Act in 2008. However there have been significant medical and scientific advances and a change in public perception. The Law Commission of England and Wales has acknowledged that there are significant problems with the current law and the fact that there is insufficient regulation which makes it difficult to monitor the surrogacy process and to ensure that standards throughout the process are kept high....

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