UK Surrogacy Laws Fail Families: Experts Cry Out

UK's surrogacy laws are struggling to cope with rapidly increasing demand, with experts warning they are "creaking at the seams." The number of children born to surrogates nearly doubled between 2015 and 2025, reaching close to 1,000 annually. This surge is attributed to a rise in same-sex couples seeking parenthood, increased infertility, and evolving cultural attitudes.

While 150 children were born via surrogacy within the UK in 2025, where surrogates are compensated only for expenses, the majority were born abroad. Popular destinations include the US, Ukraine, and Mexico, where surrogates can receive payment. UK surrogacy agencies report unprecedented demand, with some turning away new clients due to a severe shortage of available surrogates.

A 2023 Law Commission review recommended significant changes, including granting legal parenthood to intended parents from birth. Currently, surrogates are listed as mothers on birth certificates, requiring a lengthy post-birth parental order process that experts find distressing and a deterrent for potential surrogates.

These recommendations, accepted by the government, have yet to be prioritized for legislation. Critics argue that the lack of a regulated UK scheme pushes intended parents overseas, potentially into riskier and less regulated arrangements. Concerns also exist about the medical and safeguarding oversight of agencies and the potential for exploitation, particularly of vulnerable women abroad.

Families seeking surrogacy in the UK face significant delays, with some agencies reporting waiting times of up to three years. This shortage is exacerbated by a lack of education surrounding surrogacy and its diverse reasons, including cancer survivors unable to conceive. Other countries like New Zealand and Canada are updating their laws to facilitate domestic surrogacy and protect all parties involved, a move UK advocates hope will be emulated.