Changing UK Surrogacy Laws – Our Campaign

Responding to the Law Commissions’ consultation

REFORM AREA 3: A regulator for surrogacy and regulated surrogacy organisations

Questions 17 to 19 in the Short Form Survey relate to the bundle of proposals discussed below .

There are two parts to our guidance on this bundle of reforms:

  1. A summary of the Law Commissions’ provisional proposals 
  2. Surrogacy UK’s emerging views on the provisional proposals (please note these are provisional views that will evolve as we consult with our members and the surrogacy community)
SUMMARY OF THE LAW COMMISSIONS’ PROVISIONAL PROPOSALS 
OVERVIEW: To support the creation of a new pathway the consultation paper suggests that greater regulation of surrogacy arrangements is needed in order to ensure compliance to the new safeguards
REGULATED SURROGACY ORGANISATIONS:
  • It is proposed that regulated surrogacy organisations will monitor compliance with the requirements of the new pathway. Clinics may also perform elements of this ‘monitoring for compliance’ role
  • Only regulated surrogacy organisations will be able to offer “matching and facilitation services” which could include activities such as: compiling information about potential surrogates and IPs; assisting the parties to match or team up to form surrogacy arrangements; and advising and supporting the parties throughout the surrogacy process
REGULATED SURROGACY ORGANISATION WOULD CONTINUE TO OPERATE AS NOT-FOR-PROFIT ENTITIES:
  • Regulated surrogacy organisations should operate as non-profit making bodies. They will be able to charge for negotiating, facilitating and advising on surrogacy arrangements (currently prohibited) but under the restrictions of a not-for-profit structure
THE HFEA AS REGULATOR:
  • It is proposed that the role of regulator in regards to surrogacy is undertaken by the Human Fertilisation and Embryology Authority
WHAT ARE SURROGACY UK’S EMERGING VIEWS ON THE PROVISIONAL PROPOSALS? 

PLEASE NOTE THESE ARE PROVISIONAL VIEWS THAT WILL EVOLVE AS WE CONSULT WITH OUR MEMBERS AND THE SURROGACY COMMUNITY

OUR VIEW: This is an area where Surrogacy UK is reaching out to stakeholders from clinics, the HFEA and academia to seek their views on the practical implications around regulation. We are conducting several meetings over the next few weeks which will help us consolidate our thoughts. We are currently cautiously supportive of the proposal to regulate UK surrogacy organisations.

 Click here to download the Short Form Survey and respond to the Law Commissions’ provisional proposals. Questions 17 to 19 relate to the bundle of proposals discussed above. 

Back to intro page or click on the reform areas below to learn more:

Reform Area 1 Creation of a new pathway that allows intended parents to be legal parents from birth
Reform Area 2 Specific requirements and safeguards that are mandated for entry into the New Pathway
Reform Area 3 A regulator for surrogacy and regulated surrogacy organisations
Reform Area 4 Double donation (no genetic link to IPs required) could be permitted under the New Pathway in domestic surrogacy
Reform Area 5 Creation of a national surrogacy register so those born through surrogacy can access information about their origins
Reform Area 6 The Law Commission asks an open question about what kinds of payments should be allowed in surrogacy arrangements
Reform Area 7 For international surrogacy arrangements the Law Commission proposes reform and guidance to make it easier to bring a surrogate child back to the UK