The UK government is set to review the Law Commission of England and Wales and the Scottish Law Commission’s report on surrogacy reform, titled “Building Families Through Surrogacy: A New Law,” which was published on 28 March 2023.
The report, which includes draft legislation, outlines a new regulatory framework aimed at providing clarity, safeguards, and support for all parties involved in surrogacy—the child, the surrogate, and the intended parents.
The project, originating from the Law Commissions’ respective Law Reform Programmes, garnered significant public interest. During an open consultation, surrogacy received strong support as an area in need of legal reform, with over 340 respondents agreeing that the current law is inadequate. The review, jointly supported by the Department of Health and Social Care and the Scottish Government, began with a consultation paper in 2019, drawing 680 responses from a wide range of stakeholders.
On 8th November 2023, Minister Maria Caulfield MP, Parliamentary Under-Secretary of State for Health, issued an interim response, indicating that while the government is considering the recommendations, there is currently no parliamentary time available to progress the proposed changes. A full response will be issued at a later date.
In the meantime, the Parliamentary Under-Secretary of State for Patient Safety, Women’s Health, and Mental Health is scheduled to meet with the Law Commission to discuss the report and inform the government’s next steps. Although no timeline has been provided for when the legislation will move forward, the government’s interim response suggests that surrogacy reform remains a priority for future legislative agendas.
