The Scottish Law Commission and the Law Commission of England and Wales have begun their joint review of the laws on surrogacy

The project forms part of each Commission’s current Programme of Law Reform and the UK Government has referred the project to both Commissions as a joint project.  The Law Commission of England and Wales has now been granted the necessary funding by the UK Government.

Surrogacy is where a woman bears a child on behalf of someone else or a couple who then intend to become the child’s parents.

The process is governed by the Surrogacy Arrangements Act 1985 and certain provisions of the Human Fertilisation and Embryology Acts 1990 and 2008. However, there are problems with the law and the Commissions have already identified three potential areas of concern:

The Law Commissions will now undertake a joint three-year project to develop law reform recommendations that work for everyone.  This will involve extensive public consultation, with the Commissions aiming to publish a consultation paper within a year.

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Contains public sector information licensed under the Open Government Licence v3.0.