The Law Commissions (one for England and Wales and another for Scotland) are statutory independent bodies responsible for ensuring UK law is fair, modern and simple. Between 2018 and 2023 they reviewed UK surrogacy law.
What has happened so far?
After a 2018 pre-consultation research phase, the Law Commissions published their provisional surrogacy law reform proposals in June 2019 and ran a public consultation until October 2019.
Their final report was published on 29 March 2023, making recommendations as to how the Law Commissions think UK surrogacy law should change.
We are now awaiting the government’s full response and decision as to whether to send the Law Commissions’ draft Bill to Parliament. However the government’s interim response published on 8 November 2023 stated that ‘parliamentary time does not allow for the recommended changes to be taken forward at the moment’. There is therefore currently no timetable as to when the law might change, if it does.
What are the recommendations?
New regulation for UK surrogacy
Tightening up the rules on what UK surrogates are paid
No significant changes for international surrogacy
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