Since the last post in early April, there has been various developments in relation to the surrogacy reform recommendations and judicial decisions. This post summarises these developments, all of which demonstrate that surrogacy (and in particular international arrangements) continues to be an important area for consideration – raising various public policy concerns. A Government Response: Continue reading

In a judgment handed down this week, MacDonald J examined the applicability of international adoption rules under the Adoption and Children Act 2002 (ACA) following a cross-border surrogacy arrangement. The case highlights that intended parents who seek to obtain legal parenthood following surrogacy by way of adoption must be able to meet the precise statutory Continue reading

In June 2024, I presented a paper at a conference hosted by the Centre for Cultures of Reproduction, Technologies and Health at the University of Sussex, looking at the cultural and social ideas that underpin the language and practice of surrogacy legislation. My presentation, titled ‘Best interests as a rule of procedure: reflection on different Continue reading

The risks associated with international surrogacy arrangements are well known, and as outlined by Theis J in the case of Re Z (Foreign Surrogacy), summarised in an earlier post, intended parents must proceed with caution and obtain appropriate guidance when embarking on such a surrogacy journey. Nonetheless, two reported judgements from this month (February 2025) Continue reading

Earlier this month, an interim response to the Law Commissions’ Final Report and Draft Bill on recommended changes to the law on surrogacy was received. The letter from Maria Caulfield MP, Parliamentary Under Secretary of State for the Department of Health and Social Care, thanked the Law Commissions for the comprehensive and detailed report, stating Continue reading

In December 2022, I presented a paper at the Future Directions in Surrogacy Law conference considering the genetic link requirement within s54 Human Fertilisation and Embryology Act 2008. At the time of the conference, the Law Commission had provisionally proposed removing the genetic link requirement in cases of medical necessity. I had argued that the Continue reading

When I first started my research into surrogacy law in 2018, the prospect of law reform was distant. Everything I read told me that we needed reform and I knew the Law Commission were consulting, but I never anticipated that five years later, as I move towards the end of my PhD journey, we would Continue reading