UK Parliamentary office calls for submissions on surrogacy

The Parliamentary Office of Science and Technology has announced plans to publish a POSTnote and called for submissions on surrogacy law in the UK and internationally.

The current UK surrogacy laws, largely based on legislation from the 1980s, have been the subject of widespread debate and calls for reform in recent years. In 2023, the Law Commission of England and Wales and the Scottish Law Commission proposed a new pathway to surrogacy, which included plans to streamline the legal parenthood process for intended parents (see BioNews 1185). While there is a lot of support for reform, earlier this year the UK Government shelved plans to progress with legislative change (see BioNews 1289). However, the Parliamentary Office's decision to produce a POSTnote – a short briefing document intended to inform MPs of scientific and technological developments relevant to policy and legislation – on the issue might put reform back on the Government's agenda.

The Parliamentary Office said that the 'POSTnote will describe current surrogacy practice in the UK, and suggestions for reform'. It goes on to say that 'it will consider research evidence and stakeholder views on surrogacy practice in the UK and internationally' as well as discussing 'ethical, social and medical considerations, such as access to surrogacy, and the rights of surrogates, intended parents, and children'.

At present, intended parents must apply for a parental order after the child's birth, which can take up to a year. However, under the Law Commissions' proposals, intended parents would become legal parents of the child from birth, subject to the surrogate's right to withdraw consent. The report also includes proposals to introduce new regulation of non-profit surrogacy organisations in the UK and clarify the law on payments which can be made to surrogates.

When the report was published in 2023, following a public consultation in 2019, Professor Nick Hopkins of the Law Commission said, 'We need a more modern set of laws that work in the best interests of the child, surrogate, and intended parents'. He add that the Commissions' proposed reforms would ensure surrogacy agreements are well-regulated and supported from the outset (see BioNews 1185).

However, earlier this year, health minister Baroness Merron said in a letter to the Law Commission of England and Wales: 'the Government is unable to prioritise surrogacy reform and do not intend to put forward these legislative proposals at the current time.'

For those who support the Law Commissions' proposals, the POSTnote announcement may offer fresh hope for reform. The work will commence in September and a publication is expected in January 2026.

The call for stakeholder contributions will close on 5 October 2025.