payments
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Case Update: Parental orders and public policy concerns (Re Z (Foreign Surrogacy))
The case of Re Z (Foreign Surrogacy), heard by Theis J in October provides an interesting insight into how factors beyond s54 Human Fertilisation and Embryology Act 2008 may become relevant when determining whether to grant a parental order following a surrogacy arrangement. As has been discussed in several posts on this blog, whilst the Continue reading
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International Surrogacy Arrangements (Part 1): Legal Parenthood
Although the analysis and recommendations relating to cross-border surrogacy arrangements are contained in the last chapter of the Final Report, this does not mean that the issue is less important than the rest of the report. Far from it, international arrangements are increasingly common, and it is thought that almost half of surrogate-born children in 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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Payments to Surrogates
Payments that can be made to surrogates is a controversial area within the context of surrogacy law reform. The current legislation arguably hinders the best interests of the child, and has received criticism for being unclear, lacking transparency, and creating a problematic link with the intended parents financial conduct and the obtainment of a parental 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 