UK Surrogacy at the UN Human Rights Council: Regulation, rights and the need for reform

Surrogacy is once again on the international human rights agenda, as the 59th session of the United Nations Human Rights Council considers a new report from the UN Special Rapporteur on Violence Against Women and Girls, its causes and consequences. The report, due to be presented later this month, follows the Special Rapporteur's official country visit to the UK in February 2024.

Country visits under UN special procedure mechanisms are an important part of the international human rights system, allowing independent experts to engage directly with governments, civil society organisations, and affected communities to assess a country's compliance with its international obligations. The findings and recommendations that emerge – while not binding – can shape both domestic and global conversations on rights-based policy.

This latest report touches on a wide range of issues, including domestic abuse, access to justice, and sexual and reproductive health and rights. Surrogacy features as a topic of growing attention for the Special Rapporteur and the focus of a separate thematic report to be presented to the 80th session of the UN General Assembly later this year.

A spotlight on surrogacy

The Special Rapporteur's increasing interest in surrogacy reflects a broader trend in international human rights discourse. In recent years, global debate has intensified over surrogacy's ethical and legal implications – especially cross-border arrangements and the risk of exploitation in poorly regulated jurisdictions.

In the UK country report, the Special Rapporteur includes a short section on surrogacy. While recognising that the UK adopts an altruistic approach aimed at reducing commercial pressures and mitigating exploitation, the report raises concerns about the lack of legal clarity in the current system, which sometimes leads prospective parents to turn to surrogacy overseas.

These are serious and valid concerns. As those involved in the surrogacy sector in the UK have long recognised, the current legal framework – dating back to the 1980s – is no longer fit for purpose. Legal ambiguity places surrogates, intended parents, and – most importantly – children in precarious positions. The system urgently needs reform.

The case for reform: ethical, altruistic, and rights-based

Fortunately, the UK already has the foundations of a model that works, and surrogacy is recognised by the government as a legitimate form of family building. At its best, UK surrogacy operates on ethical, altruistic principles. It is based on trust, mutual respect, and long-term relationships – not contracts or compensation. Commercial surrogacy is prohibited, and surrogates retain the right to make decisions about their body throughout the pregnancy.

Over the past two decades, SurrogacyUK has demonstrated that altruistic surrogacy is a valued, accessible, and inclusive pathway to parenthood (see BioNews 1181). It offers hope and fulfilment to individuals and couples who may face challenges in conceiving or carrying a pregnancy to term. Surrogacy not only helps intended parents, but allows surrogates themselves to realise their dream of giving this precious gift. This altruistic desire to help others build their families is often at the heart of the deep satisfaction that surrogates feel. It fosters a sense of community and shared purpose, reinforcing the positive aspects of surrogacy.

Despite the deficiencies of the existing law, the model of surrogacy that has emerged in the UK prioritises informed consent, ensures that all parties are supported and protected and builds in long-term engagement, rather than treating surrogacy as a transactional exchange. If supported by a modernised legal framework, the UK could create a world-leading approach to altruistic surrogacy – not least a regulated version of our good practice model – that includes safeguards to protect all parties, and acts in the best interests of children.

That's why SurrogacyUK and others have long supported the Law Commissions' proposals for reform. The Law Commissions' joint report – published in 2023 by the Law Commission of England and Wales and the Scottish Law Commission – sets out a clear path to modernise surrogacy law (see BioNews 1185). Key recommendations include the creation of a new pre-conception pathway to legal parenthood, clearer expectations around support and expenses, greater transparency and oversight of surrogacy arrangements, and continued court scrutiny for those who do not follow this path.

If adopted, these reforms would bring the law into line with how ethical surrogacy already works in practice, offering much-needed clarity and protection for all involved.

Global narratives, local realities

In April 2024, the Special Rapporteur launched a global call for input into a separate thematic report on surrogacy, due to be presented at the 80th session of the UN General Assembly later this year. The call raises questions about whether all forms of surrogacy should be considered inherently exploitative – particularly of women and children.

This is a growing narrative in some international spaces, but it risks overlooking the nuance and lived experience of surrogates, intended parents, and children born through surrogacy in countries like the UK. A blanket view of surrogacy as harmful ignores the reality of the UK's longstanding, values-driven approach, and does not recognise the agency of those who choose to be surrogates in well-regulated systems.

That is why SurrogacyUK has submitted detailed evidence in response to the Special Rapporteur's call. Our submission sets out the ethical underpinnings of the UK model and demonstrates how good regulation can ensure clarity, consistency, and accountability – all while respecting the rights and dignity of everyone involved. We believe this is essential not only to counter misinformation, but to help shape international norms that promote safe, ethical, and respectful practices.

Looking ahead

The inclusion of surrogacy in the Special Rapporteur's country report and upcoming General Assembly report is a reminder that the global debate on surrogacy is accelerating – and that the UK has a valuable contribution to make.

By recognising the strengths of our altruistic model, acknowledging its shortcomings, and committing to reform, we can offer an example of how surrogacy can be practised ethically, transparently, and in line with international human rights standards.

Surrogacy is not without risk. But neither is childbirth, parenting, or indeed any complex human relationship. The answer is not to condemn surrogacy in all its forms – but to regulate it well. Now is the time for the UK to show that it can lead by example.