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The Law Commission's consultation on surrogacy

Posted on 10 June 2019

The Law Commission has announced a consultation to reform the law governing surrogacy. Commenting on this, Mishcon de Reya Family Partner Barbara Reeves said:

"Developments in science and - more importantly - society's greater acceptance of non-traditional forms of family have seen significant changes in family life and what we consider to be a family. Age and sexual orientation are no longer the prohibiting factor to having children they once were and many can rely on advances in medical technology to build their families through IVF and surrogacy.

"Yet, despite this progress, the law has failed to keep pace with the changes in this area. Many overseas legal systems are significantly more advanced than ours when it comes to keeping up with changes to the traditional family structure - they have a framework which reflects the changes that have occurred in society and recognise and accept surrogacy arrangements. Importantly, they provide appropriate guidelines to protect those involved in the arrangement.

"As the current legal framework is outdated and unfit for the realities of modern families, there is a pressing need for legal reform. It is hoped that the Law Commission will make recommendations for law reform that will bring legislation in line with the evolution of society and attitudes."

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