Progress on surrogacy reform appears to be underway as the government recently met with the Law Commission to discuss recommendations outlined in its 2023 report, which had seemed to stall, as reported by The Law Society Gazette.
The Law Commission of England and Wales and the Scottish Law Commission conducted a consultation on surrogacy reforms in 2019, culminating in a detailed report last year proposing a comprehensive new framework for surrogacy governance.
Family law commissioner Professor Nick Hopkins previously highlighted that surrogacy is increasingly used to build families, but existing laws are outdated and inadequate.
The commissions recommended key reforms, including a new pathway to legal parenthood for domestic surrogacy arrangements, allowing intended parents to become the child’s legal parents at birth. They also proposed a surrogacy register to enable individuals born through surrogacy to access information about their origins.
The Department of Health and Social Care confirmed that minister Baroness Meron met with the Law Commission last month to discuss the report and a draft bill.
Emma Dewhurst, senior associate at family law firm Hall Brown, stated that while the commission’s recommendations focus on domestic surrogacy reform, existing laws have broader implications. She said in the Gazette:
“Intended parents embarking on a surrogacy arrangement in the UK are prevented from obtaining a pre-birth order. Although not recognised in the UK, it is something which can be agreed overseas, giving all parties greater security in the place where the child is to be born.”
Dewhurst pointed out that this legal gap often drives intended parents to seek international surrogacy arrangements instead. However, she cautioned that international surrogacy poses its own risks, as highlighted in a recent family court ruling by Mrs. Justice Theis. The judgment underscored the potential complications for children, surrogates, and intended parents arising from overseas surrogacy.
