Law Commissions publish draft surrogacy bill

The Law Commissions of Scotland and England and Wales have published proposals to reform UK surrogacy law.

Their joint report and draft legislation are the results of a lengthy consultation and the government's recognition that surrogacy is a legitimate form of family-building (see BioNews 1001 and 940). A proposed pathway would offer the possibility for intended parents (IPs) to be their child's legal parents from birth, but other aspects of current law would be retained such as the ban on paid 'commercial' surrogacy, and the requirement for a genetic link between the child and IP(s).

'We need a more modern set of laws that work in the best interests of the child, surrogate, and intended parents. Our reforms will ensure that surrogacy agreements are well-regulated, with support and security built into the system from the very beginning,' said Professor Nick Hopkins from the Law Commission of England and Wales.

The report proposes a new pathway, which if followed, will allow the IPs to be their child's legal parents at birth, rather than having to wait to apply for a...