reforming surrogacy law

Commentary and insights on the progress of surrogacy law reform in England, Wales and Scotland

  • 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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  • Case Update: Domicile Determination (X & another v Z & another)

    The recent case of X & another v Z & another provides a timely example of how the requirements contained within s54 Human Fertilisation and Embryology Act 2008 may operate in tension with the court’s obligation to have the lifelong welfare of the child as a paramount consideration.  The case can be analysed in light… Continue reading

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  • Legal Parenthood (Part 3): Parental Orders

    The new pathway, which would recognise the intended parents as the child’s legal parents from birth, would be hoped to capture most domestic surrogacy arrangements.  The details of the recommendations for the new pathway have been covered by a previous post.  However, the necessity for judicial oversight and determination of legal parenthood will remain in… 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

  • Legal Parenthood (Part 2): The New Pathway

    Changing the way in which legal parenthood is allocated following a surrogacy arrangement is one of the key recommendations proposed by the Law Commissions’ report and draft bill.  Allowing the intended parents to be legal parents from birth would be a fundamental change from the existing legal framework and, therefore, a large part of the… 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

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  • Why reform is needed: the current legal framework

    Before being able to consider the Law Commissions’ proposals and report, it is worth restating the current legal framework to better understand why a review and reform of the law was deemed necessary. Surrogacy arrangements A surrogacy arrangement is when a woman agrees to carry and give birth to a child with the intention for… Continue reading

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  • Welcome to Reforming Surrogacy Law

    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

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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