SurrogacyUK responds to UN inquiry on Surrogacy and Violence Against Women and Girls
May 2025
SurrogacyUK
In October 2025, the United Nations will be discussing a report about surrogacy and its potential links to violence against women and girls. The report, written by the UN’s Special Rapporteur on violence against women and girls, looks at surrogacy through a global lens—especially where commercial or cross-border arrangements are involved—and questions whether surrogacy, in any form, might be harmful to women’s rights.
At SurrogacyUK, we felt it was really important to respond. Surrogacy looks very different around the world, and a one-size-fits-all approach doesn’t reflect the reality of how it works here in the UK. We’re proud of our ethical, relationship-led model of surrogacy – where everything is based on trust, informed choice, and mutual respect. But we also take concerns seriously. Issues like consent, coercion, and how women are represented matter deeply to us.
Our submission to the UN aims to show what ethical surrogacy can look like when it’s done right. We think it’s vital that the voices of UK surrogates and intended parents are heard in this global conversation. Below, we’ve shared our full response to the UN – because we believe that centring the real people involved are key to protecting everyone involved in surrogacy.
SurrogacyUK's Response
I am writing on behalf of SurrogacyUK in response to the call for input to the Special Rapporteur on Violence Against Women and Girls thematic report on surrogacy and violence.
SurrogacyUK
SurrogacyUK is a not-for-profit, surrogate-led organisation dedicated to promoting ethical surrogacy and supporting families formed through this unique pathway. It was formed in 2002 by a group of experienced surrogates who believed that a successful journey for both surrogates and intended parents was one based on altruism, trust, mutual respect, and, above all, friendship. These principles are at the heart of our mission to create, complete, and support families through ethical surrogacy[1].
Today, SurrogacyUK has grown into a professional organisation, governed by a board of directors and a small team of staff, supported by a community of volunteers. All those involved are committed to the same ethical and non-commercial surrogacy, and friendship-first vision of those few surrogates who founded the organisation many years ago.
Our community encompasses over 1,700 members, including surrogates, known egg donors, intended parents, and parents-through-surrogacy. We celebrate the special way in which children come into the world and are proud to have facilitated the birth of over 500 babies. The ethos of “friendship first,” which originated with a small group of surrogates, continues to resonate strongly with those interested in UK surrogacy today.
Over the past two decades, we have demonstrated that altruistic surrogacy is a valued, accessible, and inclusive pathway to parenthood. It offers hope and fulfilment to individuals and couples who may face challenges in conceiving or carrying a pregnancy to term. Surrogacy not only helps intended parents,
but importantly allows surrogates themselves to achieve their dream of giving such a precious gift. This altruistic desire to help others build their families is often at the heart of the deep satisfaction surrogates feel. It fosters a sense of community and shared purpose, reinforcing the positive aspects of surrogacy.
Surrogacy and International Human Rights Standards
Surrogacy, when practised ethically and with proper regulation, aligns with several key principles enshrined in international human rights treaties. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) both emphasise the importance of bodily autonomy and the right to make personal decisions without coercion. Article 1 of the UDHR states that “All human beings are born free and equal in dignity and rights,” which includes the right of surrogates to make informed and voluntary decisions about their participation in surrogacy arrangements. Furthermore, Article 7 of the ICCPR protects individuals from “cruel, inhuman or degrading treatment,” underscoring the necessity of safeguarding surrogates from exploitation and ensuring their dignity is upheld throughout the surrogacy process.
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) further supports the rights of surrogates by advocating for the elimination of discrimination against women in all areas, including reproductive health. Article 16 of CEDAW calls for the elimination of discrimination in matters relating to family and marriage, which includes the right of women to freely choose their reproductive roles. Ethical surrogacy practices, grounded in informed consent and mutual respect, align with CEDAW’s principles by empowering surrogates to make autonomous decisions and participate in surrogacy arrangements without facing discrimination or coercion. By adhering to these international human rights standards, we can ensure that surrogacy is practised in a manner that respects and protects the rights and dignity of surrogates.
Regional human rights instruments, such as the European Convention on Human Rights (ECHR) and the Council of Europe, also emphasise the importance of bodily autonomy and personal choice. Article 8 of the ECHR guarantees the right to respect for private and family life, which includes the right of surrogates to make autonomous decisions regarding their reproductive roles. The Council of Europe has consistently advocated for the protection of individual rights and freedoms, including the right to bodily autonomy. By ensuring that surrogacy arrangements are based on informed consent and free from all types of coercion, including financially, we can uphold these regional obligations and protect the human rights and freedoms of surrogates, particularly relating to sexual and reproductive health and rights.
Protecting surrogates from exploitation is a critical aspect of ethical surrogacy practices. The International Labour Organization (ILO) and other human rights bodies have highlighted the importance of safeguarding individuals from exploitation and ensuring fair treatment. Implementing robust legal frameworks that regulate surrogacy arrangements can help prevent exploitation and protect surrogates from undue pressure. By establishing clear guidelines and oversight mechanisms, we can create a system that respects the dignity and autonomy of surrogates while allowing altruistic surrogacy to thrive.
The Need for Robust Legal Frameworks
It is crucial to have robust accountability mechanisms in place to provide redress and protection for women and children who are victims or at risk of violence, coercion, or abuse in the context of surrogacy. SurrogacyUK supports the establishment of clear legal and regulatory frameworks based around altruism and informed consent, including independent oversight, access to legal recourse, and support services for surrogates and children. These mechanisms should be designed to ensure transparency and accountability, preventing exploitation and abuse.
The existing laws governing surrogacy arrangements in the UK are widely recognised by legal practitioners, the judiciary, academics, policymakers, and those in the non-profit surrogacy sector as being outdated and in need of reform. The current legal framework, established by the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Act 1990/2008, fails to serve the best interests of children, families, and surrogates. It creates unnecessary barriers that hinder the ability of intended parents to pursue surrogacy in the UK, often driving them to seek arrangements overseas, where commercial surrogacy practices can raise ethical concerns and expose vulnerable individuals to exploitation.
In March 2023, the independent Law Commission of England and Wales and the Scottish Law Commission published a joint report outlining recommendations for a robust new system to govern surrogacy, which will work better for children, surrogates, and intended parents. The report includes proposals for a new pathway to legal parenthood, regulated by non-profit surrogacy organisations, and clear guidelines on permissible payments to surrogates[2]. These reforms were supported by the previous Conservative Government and are currently awaiting response from the UK Government Department for Health and Social Care
SurrogacyUK strongly supports the recent proposals by the Law Commission and Scottish Law Commission. The key reform proposals include establishing a new pathway to legal parenthood for domestic surrogacy arrangements, allowing intended parents to be recognised as legal parents from birth, provided that at least one of them is the genetic parent and the arrangement is overseen by a regulated surrogacy organisation. This reform would not only enhance the legal certainty for intended parents but also protect the rights and welfare of surrogates and children.
Moreover, the proposed reforms aim to
regulate further the payments that intended parents can make to surrogates, ensuring that they have sufficient oversight to only cover reasonable expenses and prevent surrogates’ financial exploitation. By creating a regulated framework for surrogacy, we can create a comprehensive legal framework that balances the rights of surrogates, intended parents, and the welfare of children. By establishing regulated pathways for surrogacy, we can enhance transparency, accountability, and protection for all involved. It is essential that any legal reforms prioritise the best interests of children born through surrogacy, ensuring their rights and well-being are upheld.
Ending Violence and Exploitation of Women
While surrogacy can be a positive and empowering experience for many women, it is essential to acknowledge and address the specific forms of violence and exploitation that can occur in the context of surrogacy. These risks include coercion, economic exploitation, and lack of informed consent.
SurrogacyUK is committed to implementing safeguards that protect surrogates from potential risks, ensuring that all surrogacy arrangements are conducted ethically and with full respect for the rights and autonomy of the surrogate. Informed consent is paramount, and we strive to create an environment where surrogates are fully aware of their rights and the implications of their decisions.
One of the key distinctions of UK surrogacy is that surrogates retain full control over who they choose to help, the medical treatment they receive, decisions throughout the pregnancy, and how they give birth. This level of autonomy is something UK surrogates value deeply, and it was recognised by the Law Commission during its recent review. UK surrogates did not want legally binding agreements that would remove these choices — and there is no intention to change their fundamental rights in this regard. Recognising the agency of surrogates is essential in fostering a supportive and empowering atmosphere,
which ultimately contributes to the success of surrogacy arrangements.
While we celebrate the positive experiences of surrogacy, we also acknowledge the
vulnerabilities that can arise, particularly among women from disadvantaged backgrounds. It is crucial to implement robust legal frameworks that protect surrogates and children from exploitation and coercion. By establishing clear regulations, we can create a system that safeguards the most vulnerable while allowing altruistic surrogacy to thrive. This approach aligns with our commitment to integrity and trust, ensuring that all parties are treated with respect and dignity.
With international debate around surrogacy increasing, it is vital that we do not enable the spread of misinformation that presents all forms of surrogacy as acts of violence against women and girls.
This is particularly important when considering common misconceptions about surrogacy, such as the myth that surrogates are financially motivated or that surrogacy inherently commodifies children. Such blanket statements are counterproductive and does not reflect the proven model of ethical and altruistic surrogacy practiced in the UK.
Research by Professor Horsey and Dr Mahmoud[3] underscores that assertions that surrogacy constitutes a violence against women are not supported by empirical evidence from regulated surrogacy environments. Furthermore, their systematic review of surrogates’ and intended parents’ experiences found that participants often describe surrogacy as a positive, empowering experience, particularly when arrangements are based on trust and mutual respect.
Evidence globally also indicates that when surrogacy is driven underground, it increases the risk of exploitation, reducing the ability of government, civil society, and other bodies to meaningfully provide necessary protections and support to surrogates and children. This is reflected in research by Jadva, Prosser, and Gamble[4], which highlights the additional legal and ethical complexities faced by intended parents pursuing surrogacy arrangements overseas, where regulation and oversight may be weaker.
The Rights of the Child
SurrogacyUK demonstrates that surrogacy can be a positive and valuable option for family building when conducted ethically and with the child’s welfare as the central focus. By advocating for legal reforms that recognise intended parents as legal parents from birth and ensuring that surrogacy arrangements are overseen by regulated organisations, we can create a system that protects the rights and well-being of children born through surrogacy.
Surrogacy arrangements must prioritise the best interests of the child, including their right to know and be cared for by their parents, as outlined in Article 7.1 of the UN Convention on the Rights of the Child. We therefore advocate for legal reforms that ensure the child’s welfare is central to all surrogacy agreements, including provisions for parental orders that recognise intended parents as legal parents from birth, provided the arrangement is overseen by a regulated surrogacy organisation.
Our ethical surrogacy practices in the UK are designed to safeguard the emotional, physical, and psychological welfare of the child. This model of surrogacy is built upon the principles of friendship, mutual respect, and enduring openness. This approach ensures that children born through surrogacy grow up knowing that their existence came about through a compassionate friendship, rather than a mere transaction. In the UK, these relationships are not temporary, with UK surrogates – and their own families – usually continuing to play an ongoing role in the child’s life. The well-being of the child is always at the forefront, with both the surrogate and the intended parents being fully aware of the implications of their choices.
Research by Susan Golombok[5] provides a thoughtful analysis of the emotional and psychological aspects affecting children born through assisted reproduction methods. Her findings indicate that children born through surrogacy in the UK tend to have better-than-average outcomes, growing up in environments where they are wanted, planned for, and surrounded by love. This is further supported by the work of Vasanti Jadva[6], who has extensively researched the ethical, psychological, and social dimensions of surrogacy, highlighting the positive impact of ethical surrogacy practices on children’s well-being.
Moreover, studies by Professor Kirsty Horsey[7], Dr Zaina Mahmoud and Katherine Wade focus on the voices of children in surrogacy law, emphasising the importance of considering children’s perspectives in legal frameworks. Their research underscores the need for legal reforms that prioritise the child’s right to know and be cared for by their parents, ensuring that surrogacy arrangements are conducted in a manner that upholds the child’s best interests.
The Right to Family Life and Perspectives of Intended Parents
Surrogacy provides a vital pathway to parenthood for individuals and couples who may face significant barriers to conceiving or carrying a pregnancy to term. The right to family life, as enshrined in Article 8 of the European Convention on Human Rights (ECHR), includes the right to form and maintain a family. SurrogacyUK supports the recognition of this right for all intended parents, including women affected by infertility, genetic conditions, male and female same-sex couples, and solo parents.
For many individuals, surrogacy is the only option to have children who share a genetic link with them. Infertility can result from various medical conditions, such as cancer treatments, repeated miscarriages, or congenital anomalies. Genetic conditions may also prevent individuals from safely carrying a pregnancy. Surrogacy offers hope and fulfilment to these intended parents, allowing them to achieve their dreams of family building.
Same-sex couples, particularly men, often turn to surrogacy as a means to have children. Surrogacy provides an opportunity for these couples to become parents and raise children in a loving and supportive environment. The ability to form a family is a fundamental human right, and surrogacy enables same-sex couples to exercise this right, contributing to a more inclusive and diverse society.
The emotional and psychological benefits of surrogacy for intended parents are profound. The journey to parenthood through surrogacy is often marked by deep bonds and mutual respect between surrogates and intended parents. This relationship fosters a sense of community and shared purpose, reinforcing the positive aspects of surrogacy. Testimonials from SurrogacyUK members highlight the transformative impact of this process and the enduring connections formed between surrogates and parents alike. A sample of such testimonials has been attached at ANNEX A..
Conclusion
Surrogacy is a positive and valuable option for family building that deserves thoughtful consideration and respectful dialogue. SurrogacyUK has a distinct and proven model that demonstrates the potential for ethical and altruistic surrogacy. We are committed to promoting ethical surrogacy practices that prioritise the rights and welfare of surrogates, intended parents, and children.
We therefore urge all stakeholders to engage in constructive discussions that recognise and respect the rights and autonomy of surrogates while also addressing the need for robust legal frameworks to protect vulnerable individuals. By supporting the proposed legal reforms, we can ensure that surrogacy remains a safe, ethical, and inclusive pathway to parenthood.
Thank you for considering our perspective on this vital issue. We would welcome the opportunity to discuss this further and contribute to the ongoing efforts to reform surrogacy laws in the UK.
SURROGACYUK
[1] SurrogacyUK website: https://surrogacyuk.org/
[2] Law Commission Reports on Surrogacy Law Reform: https://lawcom.gov.uk/project/surrogacy/
[3] Horsey, K. and Mahmoud, Z. (2022). ‘Surrogates’ and intended parents’ experiences of surrogacy arrangements: a systematic review’. https://doi.org/10.1016/j.rbmo.2022.09.017
[4] Jadva, V., Prosser, H., & Gamble, N. (2021). Cross-border and domestic surrogacy in the UK context: An exploration of practical and legal decision-making. https://doi.org/10.17863/CAM.34664
[5] Golombok, S (2021) ‘Love and Truth: What Really Matters for Children Born Through Third-Party Assisted Reproduction’ https://doi.org/10.1111/cdep.12406
[6] https://profiles.ucl.ac.uk/84252-vasanti-jadva/publications – Vasanti Jadva Publications
[7] https://www.kent.ac.uk/kent-law-school/people/1246/horsey-facss-kirsty – Professor Kirsty Horsey