Surrogacy in the UK

This chapter discusses and explains how the UK regulates surrogacy, demonstrating that legislation in place since 1985 has led to a tolerated regime of altruistic domestic surrogacy supported by Government as part of the available range of assisted conception options. It critiques the limitations of the existing legal framework, including those highlighted by the courts, and outlines legal reforms proposed by the UK’s Law Commissions which seek to prevent any move towards commerciality while making changes that would allow some intended parents to achieve legal parenthood from birth within the context of state regulated support. Examining these issues in the context of global and European developments, the chapter concludes that the proposed reforms and accompanying draft new Surrogacy Bill should be taken forward and considered by parliamentarians.