The Law Commission is to examine the current law on surrogacy in England and Wales.
The Commission was established in 1965 to keep English law under ongoing review and to recommend reform where necessary. It undertakes regular ‘programmes of law reform’ in which the commissioners consult on which areas to examine next, and then submit a finalised agenda to the Lord Chancellor. Surrogacy is amongst the 16 other legal “projects” now chosen for the 13th Programme of Law Reform.
The programme agenda notes:
“Over the past 10 years the use of surrogacy has risen, but the law in the UK is outdated and unclear and requires comprehensive reform to keep up with the modern world.”
The Law Commission will, it says, examine in particular the rules defining who automatically acquires the legal status of parent after the birth of a surrogate child. It stresses that the analysis will fully consider the rights of all the parties involved, “including the question of a child’s right to access information about their origin and the prevention of exploitation of children and adults.”
The full agenda for the 13th Programme of Law Reform is available here.