It has been confirmed the government will not take forward a any proposed bill to introduce reform to surrogacy law in a blow for campaigners keen to update the current outdated legislation.
Despite what appeared to be momentum after The Department of Health and Social Care confirmed minister Baroness Merron met with the Law Commission in November 2024 to discuss the report and a draft bill, Merron has since confirmed “the government is unable to prioritise surrogacy reform and do not intend to put forward these legislative proposals at the current time” due to other “key priorities” in a letter to The Law Commission chair, Sir Peter Fraser.
Last month the government clarified its position on international surrogacy, particularly when it comes to economically disadvantaged countries, saying it does not intend to ban individuals from travelling abroad to pursue surrogacy.
The question was raised in the House of Lords by Baroness Manzoor, a Conservative peer, who asked whether the Government had plans to prohibit people from seeking paid surrogacy in poorer countries – a practice often criticised for potential ethical and human rights concerns, particularly regarding the risk of exploitation. Responding on behalf of the Government, Baroness Merron, Parliamentary Under-Secretary for Health and Social Care, said:
“The Government has no plans to restrict international travel for surrogacy. We recognise that surrogacy is a complex and sensitive issue, but we do not support arrangements in which any party may be at risk of exploitation.”
adding guidance had been produced for those considering overseas surrogacy clearly outlining the possible risks for individuals returning to the United Kingdom with a child born through an international arrangement.
In 2023 the Law Commission published “Building Families through Surrogacy: A New Law” building on work done over the course of the last 40 years, starting with the Warnock report published in 1984, the implementation of the Human Fertilisation and Embryology Act in 1990 and 2008, and subsequent case law and updates.
Expressing her disappointment at the decision not to move forward Gemma Davison, Partner at Stowe Family Law, said
“The considerable time and effort put in culminating in the Law Commission’s report on proposed surrogacy reform only for it to be not taken forward by the last government it is doubly disappointing now that such vital changes are not being taken forward. The need for change continues to be highlighted by Judges in recent cases. We need a modern, forward thinking approach to surrogacy to safeguard surrogates, intended parents and children born via surrogacy.”
Jennifer Headon, Legal Director in the Family Team at Birketts LLP added
“It is disappointing to hear that the government have now formally confirmed they will not be progressing much-needed reform to surrogacy law. Many of the changes proposed in the Law Commission’s report would considerably simplify the process for intended parents and surrogates, who now have to continue to battle with outdated legislation which has not kept pace with societal change.”
