Harriet Errington and Pippa Cook explore international and domestic surrogacy and argue of the need for reforms
The law in relation to surrogacy in England and Wales is often said to be outdated and in need of reform. While this now appears to be in progress (the Law Commission is due to produce recommendations for a reform of the law this autumn), the current legal framework surrounding this rapidly evolving issue is unclear and, to many, it has not kept up with the developments in medical science or indeed society itself.
Commercial surrogacy in England and Wales is prohibited. Thus, not only it is not possible to pay for the services of a surrogate mother but it is equally not possible to advertise for surrogacy services. This inevitably means it is very difficult to find a surrogate mother in this country. The only payments that can be m...