In the UK, surrogacy is governed by the Surrogacy Arrangements Act 1985 and certain provisions of the Human Fertilisation and Embryological Act 2008. The Law Commission accepts that the law in this area is out of date and is no longer fit for purpose. It has therefore been considering possible reforms for a number of years. A final report detailing the Law Commission’s recommendations and a draft bill are expected in autumn 2022. At this stage it is anticipated that key proposals will include:
Creating a new surrogacy pathway which will allow for surrogacy organisations to be regulated and for intended parents to enter into an agreement which would recognise them as the legal parents of the child from birth.
Introducing regulation of surrogacy arrangements with a view to avoiding the risk of arrangements breaking down. This could include various safeguards, such as the parties to the arrangement attending counselling and being able to obtain legal advice.
Allowing international surrogacy arrangements to be automatically recognised here, on a country-by-country basis.
Removal of the requirement for there to be a genetic link between the child and the intended parent.
Guidelines as to what may constitute reasonable expenses.
It is anticipated that a clear distinction will be drawn between domestic and international surrogacy cases. There is a desire to encourage domestic surrogacy as there can be more control and there is less risk as far as exploitation of the surrogate is concerned.
The reforms would be a significant step forward as, provided intended parents follow the pathway and do everything they are supposed to do, the idea is that they would not have to issue court proceedings following the surrogacy arrangement in order to achieve legal parenthood. Whilst this new process would still require the consent of the surrogate, it is hoped that it would offer intended parents a fair, straightforward, and more cost-effective alternative to the one currently in place.