Evaluating the Need for Comprehensive Reform: An Analysis of the UK's Surrogacy Laws And Proposed Changes
| Date | 01 January 2024 |
| Author | Nikoleta Efstathiou |
(2024) Vol. 14
97
Evaluating The Need for Comprehensive Reform: An Analysis of The UK's
Surrogacy Laws and Proposed Changes
Nikoleta Efstathiou
Abstract
The Law Co mmission’s proposals for reform of surrogacy law have been welcomed by many stakeholders, but
there are others who are very critical and argue that these proposals have failed to adequately address many of the
problems under the current provision s. Using a range of relevant sources as an evidence base for this discussion,
this essay will discuss whether the Law Commission’s reform proposals, if enacted, would resolve the issues with
the current law of surrogacy.
Introduction
The UK's surrogacy laws, governed by the Surrogacy Arrangements Act 1985 and the Human
Fertilisation and Embryology Act (HFEA) 2008,1 face challenges in adapting to societal
changes and increased 21st-century demands.2 ‘Tinkering at the edges’ of the HFEA3 has done
little to address the inadequacies of surrogacy law.4 A project for law reform is currently
underway, led by the Law Commissions (LCs) of England, Wales and Scotland.5 Their recent
proposals for the reform of surrogacy law have ignited a variety of responses, with some
viewing them as potentially positive and others arguing they fall short of addressing key issues
in contemporary surrogacy. ‘It remains open to discussion whether the LCs proposals have
successfully addressed the issues of 21st century surrogacy.’6
This essay, after analysing the current surrogacy provisions and their inadequacies, it assesses
the LCs’ reform proposals to determine their potential effectiveness in resolving the
complicated issues affecting surrogacy law nowadays. By delving into the nuances of the
proposals and considering the concerns raised by both supporters and critics, this analysis, will
conclude by supporting an opinion on the impact of the suggested reforms on the future
regulatory landscape of surrogacy.
1 Amel Alghrani and Danielle Griffiths , ‘The regulation of surrogacy in the UK: the case for reform, [2017] Child
and Family Law Quarterly165, 166.
2 Department of Health, ‘Review of the Human Fertilisation and Embryology Act: Proposals for revised legislation
(including establishment of the Regulatory Authority for Tissue and Embryos)’, Cm 6989 (2006), p 36.
3 Human Fertilization and Embryology Act 2008.
4 Marie Fox, ‘The Human Fertilisation and Embryo logy Act 2008: Tinkering at the Margins’ (2009) 17 Feminist
Legal Studies 333, 342.
5 Kirsty Horsey, ‘UK surrogates' character istics, experiences, and views on surrogacy law reform’, Int J Law
Policy Family, (1 April 2022) 36 (1): p 2.
6 Mary Welstead, ‘The Law Commissions' Report on Surrogacy – a missed opportunity’ [2023] Fam Law 1074,
1075.
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