General Article Surrogacy in the UK: myth busting and reform

Topic Selected: Fertility
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Report of the Surrogacy UK Working Group on Surrogacy Law.

Surrogacy in the UK: setting the scene

Surrogacy arrangements have been regulated in the UK since 1985. The Surrogacy Arrangements Act 1985 reflected the state of knowledge and societal beliefs about surrogacy at the time and was largely based on recommendations made in the Warnock Report. Though some further regulation of aspects of surrogacy (most notably how legal parenthood can be transferred to the intended parents (IPs) from the surrogate and her partner) occurred in primary legislation in both the 1990 and 2008 Human Fertilisation and Embryology (HFE) Acts, as well as in some other pieces of secondary legislation, the law pertaining to surrogacy is now 30 years old and increasingly out of date. It does not reflect the realities of modern surrogacy and needs thorough review by lawmakers, with a view to bringing the law in line with the views and needs of the families  – and reflecting the best interests of the children...

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