Joint Review of Surrogacy Laws

15 May 2018 Written by Family Law Caithness Category: News

A joint review of the laws on surrogacy by the Scottish Law Commission and the Law Commission of England and Wales is now underway.

A project on surrogacy was well supported during the Scottish Law Commission’s consultation for its current Programme of Law Reform and, as a result, forms part of its Tenth Programme of Law Reform. The project is also part of the 13th Programme of Law Reform of the Law Commission of England and Wales. In the open public consultation which preceded it, over 340 people and groups said that the law was not fit for purpose.

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. However, the Commissions say that there are significant problems with the laws which govern this process.

The way in which parental orders are granted may create difficulties for new intended parents making medical decisions about the child. And the regulation of surrogacy requires improvement so that standards can be monitored and kept high.

Now, the independent law reform bodies will strive to make sure that the UK has surrogacy laws which work for everyone in the modern world.

“Surrogacy is becoming more common every year, so it’s important that we have the right laws in place to protect all involved,” explained Scottish Law Commissioner David Johnston QC. “That’s why we’ll be consulting widely to make sure we have surrogacy laws that work for the parents, the surrogate and, most importantly, the child.”

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

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