The Legal Regulation of Surrogacy in the UK: Barriers, Inconsistencies and the Need for Reform
| Pages | 1-8 |
| Date | 01 June 2026 |
| Published date | 01 June 2026 |
| Author | Melisa Das |
| Subject Matter | Social Sciences |
Southampton Student Law Review
Volume 16, Issue II Autumn 2026
1
SHORT ARTICLE
The Legal Regulation of Surrogacy in the UK: Barriers,
Inconsistencies and the Need for Reform
MELISA DAS†
University of Southampton
ABSTRACT. Surrogacy in the UK is governed by a restrictive legal framework that
prioritises surrogate autonomy and child welfare but creates significant challenges for
intended parents (IPs). This paper critically examines whether the current statutory
framework adequately accommodates contemporary sur rogacy practices. It analyses the
legislative scheme under the Human Fertilisation and Embryology Act 2008 (HFEA 2008)
alongside judicial responses to both domestic and cross-border arrangements. Particular
attention is given to the legal uncertainties arising from international surrogacy and
conflicting regulatory approaches. The paper ultimately argues that the existing framework
lacks coherence and requires reform to better reflect modern family formation and ensure
legal certainty. It concludes that reform is needed to provide greater legal certainty by
introducing a clearer framework for surrogacy arrangements before a child is born.
Table of Contents
Introduction ......................................................................................................................... 1
1. UK Surrogacy Law ...................................................................................................... 2
2. International Surrogacy ................................................................................................ 4
3. Reform ......................................................................................................................... 7
Conclusion .......................................................................................................................... 7
Introduction
urrogacy refers to an arrangement whereby a woman carries and gives birth to
a child with the intention that the child will be raised by another individual or
couple.1 UK law does not recognise surrogacy agreements as enforceable2 and does
† Final Year LLB Candidate, University of Southampton.
1 Cafcass, ‘Parental Orders (Surrogacy)’ or -family-
member/applying-order-gives-you-parental-responsibility/parental-orders-
surrogacy#:~:text=Surrogacy%20is%20when%20a%20woman,by%20the%20intended%20parent
%2Fs> accessed 2 January 2026.
2 Surrogacy Arrangements Act 1985 s 1A.
S
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