Shorter Reads

Law Commission to Review Law on Surrogacy

1 minute read

Published 8 January 2018

Share

Key information

The Law Commission has this week announced that it will be conducting a full review of the law relating to surrogacy arrangements as part of its 13th Programme of Law Reform.

Surrogacy describes a situation where a woman bears a child on behalf of another person or people. Historically this has tended to be for reasons of health or infertility, although in recent years it has also become an increasingly popular option for gay couples, as same-sex relationships have become increasingly recognised, accepted and finally legitimised in society and the law.

The current laws on surrogacy are woefully out of date and were created in a completely different social and political landscape. As a result the court frequently struggles to make the necessary orders (which are almost inevitably in the best interests of the children concerned) in a way that is not inconsistent with the inflexible language of the existing statute. There are also some rules that seem inexplicable by modern standards, such as the prohibition on single people obtaining a parental order, and a need for a proper policy debate about whether commercial surrogacies should be allowed in this country.

The Collyer Bristow family law team have long supported the formation of ‘alternative’ family structures and are delighted that this issue will now receive the attention it deserves. In recent years we have seen many people feel compelled to look abroad for surrogacy opportunities and we hope that by simplifying and modernising the process it will become far easier for those who need to go down this route to have the family they so want.\

https://www.lawcom.gov.uk/13th-programme-of-law-reform/

Related latest updates
PREV NEXT

Arrow Back to Insights

Shorter Reads

Law Commission to Review Law on Surrogacy

Published 8 January 2018

Associated sectors / services

The Law Commission has this week announced that it will be conducting a full review of the law relating to surrogacy arrangements as part of its 13th Programme of Law Reform.

Surrogacy describes a situation where a woman bears a child on behalf of another person or people. Historically this has tended to be for reasons of health or infertility, although in recent years it has also become an increasingly popular option for gay couples, as same-sex relationships have become increasingly recognised, accepted and finally legitimised in society and the law.

The current laws on surrogacy are woefully out of date and were created in a completely different social and political landscape. As a result the court frequently struggles to make the necessary orders (which are almost inevitably in the best interests of the children concerned) in a way that is not inconsistent with the inflexible language of the existing statute. There are also some rules that seem inexplicable by modern standards, such as the prohibition on single people obtaining a parental order, and a need for a proper policy debate about whether commercial surrogacies should be allowed in this country.

The Collyer Bristow family law team have long supported the formation of ‘alternative’ family structures and are delighted that this issue will now receive the attention it deserves. In recent years we have seen many people feel compelled to look abroad for surrogacy opportunities and we hope that by simplifying and modernising the process it will become far easier for those who need to go down this route to have the family they so want.\

https://www.lawcom.gov.uk/13th-programme-of-law-reform/

Associated sectors / services

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up
    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close