The changing profile of surrogacy in the UK – Implications for national and international policy and practice

Abstract

Since 2007, the numbers of UK Parental Orders granted following surrogacy have markedly increased. More recently, eligibility criteria have been extended to unmarried heterosexual couples and same-sex couples rather than only married couples. Numbers seeking fertility treatments, including through surrogates, outside their country of residence have also increased. This paper presents the limited data currently available – from UK General Register Offices, Child and Family Court Advisory and Support Service for England and the UK surrogacy agencies: COTS, Surrogacy UK, British Surrogacy Centre – to consider potential reasons for the increase and to consider policy and practice implications. It charts the apparent decline in involvement of surrogacy agencies and suggests the potential for exploitation where scrutiny of arrangements and follow up are limited. It recommends improvements to data collection and argues the need for a more integrated approach to review of surrogacy arrangements both nationally and internationally.

Keywords:

• surrogacy
• parental orders
• overseas surrogacy
• birth registration
• cross-border reproductive care, gay parents

Notes

1. In some jurisdictions, it is legal for a single person or a couple to commission a woman to carry and give birth to a child whom they intend to raise but with whom they have no genetic link. As this paper focuses on the UK, where this is illegal, we will not be discussing this type of surrogacy arrangement. Please note, however, that children who were conceived and born overseas using such arrangements and for whom the transfer of legal parentage was made in the country where they were born, may be living in the UK. No records are kept of such arrangements to our knowledge. Commissioning parents are sometimes known as intended parents.