Proposed Reforms to UK Surrogacy Law

Proposed reforms to UK surrogacy law published by the Law Commissions of Scotland and England and Wales include a new “pathway” for intended parents to become legal parents as soon as the child is born, as well as a continued ban on payment for surrogacy. These articles explain or provide commentary on the proposed reforms as well as implications should they be implemented.

Surrogacy Law: What Is Intended… For Parents? For Surrogates? For Children? by Zaina Mahmoud, Progress Educational Trust

PET Podcast: Surrogacy Law – What Is Intended… For Parents? For Surrogates? For Children?by Sarah Norcross, Progress Educational Trust

Pandora’s box: Implications of surrogacy law reform proposals for birth registration by Thérèse Callus, Progress Educational Trust

Law Commissions’ proposals won’t achieve surrogacy modernisation by Natalie Gamble, Progress Educational Trust

Law Commissions publish draft surrogacy bill by Zoe Beketova, Progress Educational Trust

Intended parents should get legal status from birth, says British surrogacy review by Haroon Siddique, The Guardian

Surrogacy shake up in UK would create uneven treatment for birth mothers by Teresa Baron, The Conversation

Welcoming Surrogacy Opportunities in England and Wales

Kirsty Hosey, Kamal Ahuja, and Nick Macklon | BioNews | September 27, 2021

Parental orders, used to transfer legal parenthood from a surrogate to the intended parents in a surrogacy arrangement, have increased fourfold over the last decade. Clinical experience from over 150 surrogacy cases at the London Women’s Clinic shows an increase in the number of treatments per year, especially by same-sex couples. This evidence suggests that surrogacy has become more socially acceptable and popular in the UK, likely due to increased support and awareness from non-profit organizations and digital platforms. Further reform on surrogacy regulations must be made to better safeguard surrogacy-born children as well as non-traditional families. 

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The Legal Position of International Surrogacy in England and Italy and the Recognition of Foreign Parental Orders

Connie Atkinson, Veronica Dindo | Kingsley Napley | January 6, 2020

This blog describes the current legal situation in England, Wales, and Italy regarding international surrogacy arrangements and parental orders issued in other countries.  England and Wales recognize the surrogate as the legal mother upon birth and intended parents must apply to the English court for a parental order. Surrogacy in Italy is prohibited altogether, and parental recognition in other countries is rejected by the Italian authority, giving rise to individual legal battles.

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