pathway
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International Rights Frameworks: Are the Law Commissions recommendations for reform conforming to international legal standards?
International legal compliance requires the UK to fulfil its obligations and responsibilities as outlined in international agreements, treaties, and conventions. This commitment involves aligning domestic laws and policies with international standards and implementing international agreements. The UK’s legal system follows a dualist approach, thus international law does not automatically become part of domestic law unless Continue reading
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Employment law protections following surrogacy
Welcoming a new-born into the world is a life-changing moment that requires time and care for both the child and the parents. In recognition of this, statutory maternity/paternity leave and pay provisions have been established to ensure that new parents can take time off work to nurture and bond with their babies. However, the current Continue reading
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Regulated Surrogacy Statements: The Gateway to the Pathway
The recommendations within the Law Commissions’ Final Report relating to the allocation of legal parenthood following a surrogacy arrangement centres on establishing a new pathway. Provided that the surrogacy arrangement is eligible to progress on the new pathway, and that all safeguards are met, the intended parents would be recognised as the legal parents from Continue reading
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Regulated Surrogacy Organisations
The Law Commissions’ Final Report recommends establishing Regulated Surrogacy Organisations (RSOs), who would act as ‘gatekeepers’ to the new pathway to legal parenthood. The RSO would, in part, replace the current role of the courts in parental order applications by approving the surrogacy arrangement pre-conception, allowing the intended parents to be legal parents from birth. Continue reading
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Legal Parenthood (Part 1): A Summary of the Different Paths to Parenthood
Arguably, the most significant recommendation within the report is to change the way in which legal parenthood is allocated following surrogacy. As explained in an earlier post, under the current legal framework, the surrogate (and her spouse, if applicable) will be the legal parents of the child at birth. In order for the intended parents Continue reading
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The Final Report and Draft Bill: An Overview
Today, the Law Commission of England and Wales and Scottish Law Commission released their Full Report and Draft Bill, along with supporting documents. The long-awaited report is very much welcomed, but does not mean that law reform is imminent. It is now in the hands of the Government to decide whether to take the recommendations Continue reading
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The Law Commissions’ project and provisional proposals
The work of the Commissions The Law Commission and Scottish Law Commission are independent bodies, established to review existing law and make recommendations for reform. The work relating to surrogacy undertaken by the Law Commissions began in 2017, when surrogacy was included in the 13th Programme of Law Reform. The mandate for the law Continue reading
About the blog
Welcome to the Reforming Surrogacy Law blog, created by Lottie Park-Morton.
This blog will provide regular updates and insights on the development of potential law reform relating to surrogacy, in light of the Law Commissions’ report and draft bill.
All posts are authored by Lottie, unless otherwise stated. Aimee Morgan, a research assistant on the project, is also a contributor.
All views and errors are our own.
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Recent Posts
- Another anonymous surrogacy case, another judicial warning – how many before the court draws a line?
- Recent Round Up
- Case Update: International adoption rules in a surrogacy context (C & Another v E)
- Best interests in the development of surrogacy regulation
- Renewed warnings of the risk of international surrogacy arrangements: X v W & Another and Re Z (Unlawful Foreign Surrogacy: Adoption)
reforming surrogacy law 