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As we navigate an ever-evolving societal landscape, the need to modernize laws to reflect contemporary family dynamics becomes increasingly apparent. At the forefront of this progressive change are the recent surrogacy law reforms proposed by the Law Commission of England and Wales and the Scottish Law Commission. These reforms, aiming to overhaul decades-old surrogacy laws, present a pathway that harmonizes the needs of surrogates, intended parents, and, most importantly, the children born through surrogacy. 


The Rise of Surrogacy and Outdated Laws 

Surrogacy, a practice where a woman carries and gives birth to a child for another family, has seen a notable increase in recent years. It represents a vital option for many who wish to build families but face biological or other barriers. However, the laws governing surrogacy, dating back to the 1980s, have lagged, often complicating and hindering the process rather than facilitating it. 


A New Regulatory Regime 

The proposed reforms introduce a “new pathway” for surrogacy agreements. This pathway is groundbreaking as it would allow for legal parenthood to be established from birth, provided all safeguarding measures are met and the surrogate consents. This is a significant shift from the current system, where intended parents often endure a protracted and uncertain legal process to obtain parental rights. 


Enhanced Safeguards and Support 

Under the new system, non-profit Regulated Surrogacy Organisations (RSOs) will oversee individual surrogacy agreements. These organisations will operate under the regulation of the Human Fertilisation and Embryology Authority (HFEA) and ensure thorough pre-conception screening and safeguarding. This approach ensures that the surrogacy journey is embarked upon with the utmost care for all involved. 


Clarification on Payments 

The reforms also address the sensitive issue of payments to surrogates. While commercial surrogacy remains prohibited, the new laws clarify what payments are permissible, such as those covering medical expenses, pregnancy support, and lost earnings. This clarity is crucial in safeguarding the altruistic nature of surrogacy in the UK and protecting against potential exploitation. 


The Surrogacy Register 

A pivotal aspect of the reforms is the establishment of a Surrogacy Register. This register will enable children born through surrogacy to trace their origins, a crucial aspect of their identity and personal history. 


Towards a More Ethical Framework 

The ultimate goal of these reforms is to establish a domestic surrogacy regime that is ethical, transparent, and in the best interests of all parties, particularly the children. By offering a well-regulated domestic option, the Commissions aim to reduce the reliance on international surrogacy arrangements, which can sometimes pose risks of exploitation. 


In Summary 

These surrogacy law reforms mark a significant step towards a legal framework that acknowledges and supports the diverse ways families are formed in modern society. They recognize the importance of surrogacy as a means of family building and strive to create a system that is supportive, ethical, and child-centric. 

As we await the government’s response to these recommendations, it’s clear that the proposed changes have the potential to transform the landscape of surrogacy in the UK, aligning it more closely with the realities and needs of 21st-century families. 


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