Some laws feel distant and abstract, unlikely to affect our daily lives. Others feel far more intimate. They force us to confront questions of morality, family, identity, and what we believe to be right or wrong.
Surrogacy, where a woman carries a child for another individual or couple, sits firmly in this second category. The diversity of global approaches and the strong opinions surrounding them show how sensitive and contested the issue is.
With reforms now being considered in the United Kingdom, it is timely to explore why change is on the horizon and how other countries regulate surrogacy.
Why Surrogacy Law Is Under Review
The Department of Health and Social Care has asked the Law Commission of England and Wales and the Scottish Law Commission to jointly review United Kingdom surrogacy law.
These permanent bodies examine outdated or problematic areas of legislation and propose reforms that Parliament may choose to adopt.
The review process begins with defining the scope of the project, followed by pre‑consultation discussions with stakeholders. A formal consultation then invites feedback from the public and professionals.
Surrogacy law has now reached this consultation stage. The Commissions have published their proposals, and responses are being gathered both online and in person.
Surrogacy in the United Kingdom: The Current Rules
For those unfamiliar with the law, the United Kingdom’s surrogacy framework operates as follows.
Surrogacy is legal, unlike in France, Spain, and Germany. However, surrogacy agreements are not enforceable in law.
The surrogate mother is the child’s legal parent at birth, regardless of any agreement.
Intended parents must apply for a parental order if at least one of them is genetically related to the child. If neither is genetically related, they must pursue adoption.
Parental orders require a genetic link to the child, the child living with the intended parents, permanent United Kingdom residence, and an application made within six months of birth. Couples must be married, in a civil partnership, or living together.
Adoption rules apply where no genetic link exists. Adopters must be United Kingdom residents aged twenty‑one or over, and the child must be under eighteen.
Children born via surrogacy outside the United Kingdom require a parental order or adoption upon arrival. They may also need a visa if they are not United Kingdom or European Union nationals.
Surrogates cannot be paid, except for reasonable expenses. This term is not defined in legislation.
Even from this outline, it is clear why reform is being considered. Questions around legal parenthood, overseas arrangements, and payment remain complex.
Case law has also drifted from statutory rules, creating uncertainty. For example, courts have sometimes accepted parental order applications made after the six‑month deadline.
The Law Commission’s Proposals
In Building Families Through Surrogacy: A New Law, the Commission identifies key problems and proposes reforms.
1. Legal Parenthood at Birth
Currently, intended parents are not recognised as legal parents when the child is born. The proposed Pathway to Parenthood would change this. It would require medical and background checks, legal advice, counselling, a written surrogacy agreement, and a welfare assessment of the future child.
If these steps are completed, intended parents would become the legal parents at birth. The surrogate would retain a limited right to object afterwards.
2. Overseas Surrogacy and Passport Delays
Children born abroad often face long waits for passports and entry clearance. The Commission proposes a faster passport process, possibly beginning before birth.
They also suggest automatic recognition of foreign intended parents who use a United Kingdom surrogate, removing the need for a United Kingdom parental order.
3. Access to Genetic Information
Surrogate‑born children may lack access to information about donors. A proposed National Surrogacy Register would record details of intended parents, surrogates, and donors.
Children could access non‑identifying information at age sixteen and identifying information at age eighteen.
4. Payment and Reasonable Expenses
The current rules on payment are unclear. The Commissions have not proposed a specific model but invite suggestions. Options include compensation for loss of earnings, compensation for pain or inconvenience, or a fixed fee for the surrogacy service. Whatever model is chosen, the surrogate should be able to legally enforce payment agreed before conception.
5. Safeguarding and Structure
The Commissions propose stronger safeguards, including mandatory written agreements, welfare assessments, clear confirmation of legal parenthood, and counselling and legal advice for all parties. These measures aim to create a more consistent and protective framework.
Comparing United Kingdom Proposals with Global Approaches
Surrogacy laws vary widely across the world, reflecting cultural, ethical, and political differences.
India
Commercial surrogacy was legalised in 2002, attracting both domestic and international intended parents. In 2015, foreign intended parents were banned. In 2019, commercial surrogacy was prohibited entirely. Only altruistic surrogacy is now permitted. Surrogacy can be performed only once in a woman’s life. Only married heterosexual couples may be intended parents.
United States
There is no federal surrogacy law. Each state sets its own rules.
California permits all forms of surrogacy, including commercial arrangements and those involving same‑sex couples.
Michigan criminalises surrogacy, with penalties of up to five years’ imprisonment or a fifty‑thousand‑dollar fine.
Oklahoma recently passed legislation recognising both compensated and uncompensated surrogacy.
Italy
Italy prohibits all forms of surrogacy. In a recent case, the Italian courts refused to recognise the non‑biological father in a same‑sex couple who had used a surrogate and egg donor in Canada.
Looking Ahead
In June, Cambridge University hosted the International Surrogacy Forum, where experts from around the world discussed the legal and ethical challenges of surrogacy. The event highlighted how dramatically laws can differ between countries.
The Law Commission’s work remains at the consultation stage. No final recommendations have been made, and Parliament is not obliged to adopt them. For now, the law remains uncertain, but reform is clearly on the horizon.
Although the Law Commissions have published their full report and draft Bill, the United Kingdom Government has not yet committed to implementing the proposed reforms.
TSL will continue to follow developments and provide updates as proposals evolve.
Not sure how close you are to qualifying?
The path-fit quiz reads your situation and shows you which routes you are ready for, and exactly what to do next. Four minutes, no account needed to start.
Check your readiness