The UK's patchwork laws on surrogacy are creaking under the strain of soaring demand, leaving intended parents in limbo as they navigate the complexities of family building through this often emotional and costly route. Data reveals that nearly 1,000 children were born to surrogates in 2025, a figure that has doubled since 2015, driven by rising infertility rates, evolving cultural perceptions around family building, and an increase in same-sex couples seeking parenthood.
Currently, under UK law, the surrogate is legally recognised as the child's mother at birth, before intended parents must apply for a parental order to transfer legal parenthood. This process can be lengthy and distressing for new families, while the existing framework also deters many prospective surrogates who do not wish to hold legal responsibility for the child. The resulting shortage of available surrogates in the UK has left agencies overwhelmed, with some being forced to turn away intended parents due to the imbalance of demand over supply.
A 2023 review by the Law Commission highlighted these critical issues, recommending significant changes to modernise the law and address the pressing concerns. Key proposals included automatically granting legal parenthood to intended parents from the moment of birth and introducing greater regulatory oversight for surrogacy agencies. While these recommendations were accepted and informed a draft bill, the government has indicated that this legislative reform is not currently a priority, leaving the proposed changes in limbo.
The current legal complexities are prompting an increasing number of intended parents to pursue surrogacy abroad, where commercial arrangements can be made and parental orders issued for children born outside the UK. However, experts warn that overseas options can be riskier, less regulated, and potentially expose surrogates to exploitation, while also undermining efforts towards creating a fair and transparent domestic scheme.
The delay in implementing legal reforms means that the significant problems identified by the Law Commission persist, leaving intended parents to navigate a 'murky' system characterised by uncertainty and risk. While some countries have banned or heavily restricted surrogacy, proponents of reform argue that a properly regulated UK scheme is essential for protecting all parties involved and preventing exploitation.