Surrogacy Law Reform: Why Delay Is No Longer an Option

The UK government has once again postponed its response to long-awaited surrogacy law reforms—14 months overdue and counting. In a recent letter to Sir Peter Fraser, chair of the Law Commission of England and Wales, Baroness Merron confirmed that surrogacy reform is not currently a legislative priority. While this may reflect the pressures of a crowded parliamentary agenda, it’s a deeply frustrating outcome for the many families who are waiting for clarity and legal security.

Surrogacy Law in the UK

Each year, more British families are created through surrogacy, both domestically and abroad. The government acknowledges surrogacy as a legitimate route to parenthood, yet continues to sideline the very reforms needed to support those families. The Law Commissions of England, Wales, and Scotland have already done the heavy lifting. A draft bill is ready. All that’s missing is political will.

The excuse of “lack of parliamentary time” rings hollow. While the UK stalls, anti-surrogacy rhetoric gains ground, and conservative governments across Europe are taking drastic steps to criminalise international surrogacy.

The Landscape of Surrogacy Law in Europe

In Spain, a recent Supreme Court ruling blocked the registration of children born via surrogacy abroad. Now, Spanish parents must navigate complex legal processes to have their children recognised, often requiring one parent to adopt their own child.

Italy has gone even further. A new law passed in December 2024 criminalises Italians who engage in surrogacy overseas, with penalties including fines and prison time. Other jurisdictions, including parts of Australia and Hong Kong, have also introduced extraterritorial bans.

In contrast, the UK government has at least confirmed it has no plans to restrict international travel for surrogacy. But that’s not enough. British families deserve more than passive tolerance—they deserve proactive legal protection.

The Law Commission’s Proposal

The Law Commission’s proposals offer a clear, ethical, and modern framework. They include a new “pathway to parenthood” that would allow intended parents to be recognised as legal parents from birth, provided certain safeguards are met. This would eliminate the current legal limbo that leaves children without secure parental status for months after birth.

The time for discussion has passed. With a well-considered draft bill already in place, the next step is implementation. Surrogacy is a growing and essential part of modern family life, and the law must evolve to reflect that reality. It’s time for Parliament to give this issue the attention it deserves and move forward with meaningful reform.