Surrogacy | Law Commission

We have identified some areas of law that our experience and discussion with stakeholders suggest may require reform. They could be potential projects for the Programme. We would like to hear your views about these, and whether you think they should form part of our work over the next few years.

Is the law governing surrogacy keeping pace with social change?

Various stakeholders have suggested to us that the law relating to surrogacy should be reviewed and Jane Ellison MP, Under Secretary of State for Health, has indicated her and the Governments support for inclusion of such a project in our 13th Programme consultation.

The main legislation concerning surrogacy is the Surrogacy Act 1985 and (in respect of the making of parental orders) the Human Fertilisation and Embryology Act 2008. The law has struggled to adapt to changes in attitudes, a growing demand for surrogacy arrangements, and an increasing number of overseas surrogacy arrangements. There are a number of issues in the law that may be in need of reform:

We are interested in consultees views on the impact of these issues and whether they would be suitable for review by the Law Commission. We would also like to hear about any specific aspects of surrogacy law that consultees suggest require modification, simplification or reform. Please use this form to send us your comments, and email it to programme@lawcommission.gsi.gov.uk.

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Surrogacy | Law Commission

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