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UK surrogacy law ‘creaking at seams’ as demand rises sharply

UK surrogacy law ‘creaking at seams’ as demand rises sharply

Summary

The number of children born through surrogacy in the UK and abroad has doubled from 2015 to 2025, with many parents seeking surrogacy overseas due to strict UK laws. Experts and a Law Commission review say the UK’s surrogacy laws are outdated and cause delays and stress, and they recommend legal reforms and better regulation.

Key Facts

  • Nearly 1,000 children were born via surrogacy in 2025, twice the number from 2015.
  • Most surrogacy births involve gay couples, infertility issues, and changing social attitudes.
  • In the UK, surrogates can only be paid for expenses, so many parents go abroad to countries like the US, Ukraine, and Mexico where surrogacy is paid.
  • Current UK law lists the surrogate mother on the birth certificate, and intended parents must apply for a parental order after birth to become legal parents.
  • The Law Commission recommends giving legal parenthood to intended parents from birth and better oversight of surrogacy agencies, but the government has not prioritized changing the law.
  • Problems include delays, legal confusion, and potential risks when surrogacy happens overseas.
  • Some experts and international voices criticize paid surrogacy as exploitative, especially for women in poorer countries.
  • Surrogacy agencies in the UK report high demand but face limits due to current laws.
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