reforming surrogacy law

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


The terminology

Welcome to the page that will (hopefully!) answer the questions you may have in relation to the terminology and language you read in the blog or other sources that discuss surrogacy law.

Legal and medical terminology can be daunting. Below are some commonly used words/phrases that you may come across, with a definition to help you understand what is being read!

Altruistic surrogacy: this means the surrogate is not paid for her role in carrying and giving birth to the child.
Commercial surrogacy: this is generally understood to mean that the surrogate and agency received a payment, beyond their expenses. Commercial surrogacy is also sometimes characterised by an enforceable agreement between the surrogate and intended parents.
Domestic surrogacy: where all aspects of the surrogacy arrangement took place within the UK (contrasted with international arrangements).
Domicile: the requirement for an intended parents to be domiciled in the UK means they must treat the country as their permanent home.
Gamete: a reproductive cell – the egg and sperm.
Gestation: the process of carrying the child to term (ie the act of being pregnant).
Host surrogacy: in these arrangements, the surrogate is not genetically related to the child. This is sometimes referred to as ‘gestational’ or ‘full’ surrogacy.
Intended parent(s): the individuals who commission the surrogacy arrangement, with the intention to act as the social and legal parents to the child that is born.
International surrogacy: where part of the surrogacy arrangement took place outside of the UK.
Parental order: the current process to transfer legal parenthood from the surrogate (and potentially her spouse) to the intended parents.
Traditional surrogacy: in these arrangements, the surrogate is also the genetic parent. This is sometimes referred to as ‘partial’ or ‘genetic surrogacy’.

The abbreviations in the Final Report

ECHREuropean Convention on Human Rights
ECtHREuropean Court of Human Rights
HFEAHuman Fertilisation and Embryology Authority
IVFIn-vitro fertilisation
PRRsParental responsibilities and parental rights
RSORegulated surrogacy organisation
RSSRegulated surrogacy statement
SRSurrogacy register

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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