Commission begins work on ‘not fit for purpose’ surrogacy laws

The complex laws governing surrogacy are to be reviewed to speed up the granting of parental orders and deter the exploitation of birth mothers abroad.

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The Law Commission announced last December that it would begin a review into the law relating to surrogacy this Spring.  By common consent the relevant legislation (passed in 1985) is now outdated and unclear.  Indeed one fundamental requirement – the need for an application for a Parental Order to be made by two people – has actually been declared to be incompatible with the European Convention on Human Rights.  The consultation by the Law Commission will be wide ranging and comprehensive and it could be three years before there is reform of the current law.