Government confirms that surrogacy law reform will not move forward – at the moment

The government has confirmed, in a letter from Minister Baroness Merron to the Law Commission, that it does not currently plan to take forward the proposals for surrogacy law reform – for now. Although of course disappointed, we are encouraged by the government’s commitment to keeping surrogacy on the agenda for the future.

Lady Merron’s letter to the Law Commission says: “As you will know, the Government has several key priorities that it wishes to progress which will put a significant demand on parliamentary time and resources. This means that the Government is unable to prioritise surrogacy reform and do not intend to put forward these legislative proposals at the current time. However, we will publish a government response as time allows and will look to consider this issue in future.”

It is disappointing that other priorities have got in the way, but we hope that surrogacy law reform will not be delayed too much further. Children born through surrogacy urgently need better and clearer laws, and there is widespread consensus among parents, surrogates, family lawyers, judges and everyone working in the surrogacy sector that the UK’s surrogacy laws need to be brought up to date. We have been at the forefront of the campaign for UK surrogacy law reform since 2007 and, along with the rest of our wonderful surrogacy community, are calling for safe legally-recognised surrogacy to be made more accessible in the UK, and for the law to treat children as the legal children of their intended parents from birth.

The Times has covered the government’s decision (Ministers put surrogacy reforms on back burner, 8.5.25), and quoted us:

“Natalie Gamble, the founder of NGA Law, says “Children born through surrogacy urgently need better and clearer laws. While examples of badly managed surrogacy in underdeveloped countries can grab the headlines, the reality is that the overwhelming majority of UK parents conceive through surrogacy in the UK or the US in legal, ethical surrogacy arrangements.”

As the piece shows, so-called anti-surrogacy campaign groups are now calling for surrogacy to be banned. While these groups, which did not exist five years ago, are gaining an increasing media spotlight, they do not represent anyone involved in the surrogacy process and they ignore all the evidence showing that ethically-managed surrogacy is not just possible but the norm when it operates within a sensible legal framework. Three quarters of UK parents through surrogacy have children born in the UK or the USA and all credible research confirms positive long term outcomes in such arrangements for both the women who act as surrogates and the much-loved children born, including enduring relationships between parents and surrogates in 95% of cases. In the US, there is also typically rigorous screening to ensure surrogates are financially independent, medically safe and psychologically secure, and legal clarity which protects everyone from the outset and beyond.

We should of course work to reduce the risk of exploitation and illegal practice in surrogacy where it does arise in a minority of instances (largely in poorer countries where laws are hazy and there is no regulation), but the way to do that is through effective regulation at home, not ineffective bans which have already been proven to be counterproductive, driving surrogacy underground. That is why the UK Law Commission has, after a long and careful review process, recommended new laws which are designed to regulate UK surrogacy arrangements better from the start. We look forward to the government listening to those considered recommendations and taking law reform forward in a positive direction as soon as it has the time and space to do so.