The changing profile of surrogacy in the UK – Implications for national and international policy and practice

Abstract

Since 2007, the numbers of UK Parental Orders granted following surrogacy have markedly increased. More recently, eligibility criteria have been extended to unmarried heterosexual couples and same-sex couples rather than only married couples. Numbers seeking fertility treatments, including through surrogates, outside their country of residence have also increased. This paper presents the limited data currently available -from UK General Register Offices, Child and Family Court Advisory and Support Service for England and the UK surrogacy agencies: COTS, Surrogacy UK, British Surrogacy Centre -to consider potential reasons for the increase and to consider policy and practice implications. It charts the apparent decline in involvement of surrogacy agencies and suggests the potential for exploitation where scrutiny of arrangements and follow up are limited. It recommends improvements to data collection and argues the need for a more integrated approach to review of surrogacy arrangements both nationally and internationally.

Gauging the interests of birth mother and child: a qualitative study of Swedish social workers’ experiences of transnational gestational surrogacy

“…Davies, 2010;Gamble, 2009;Hale, 2013; Permanent Bureau of the Hague, 2012;Trimmings & Beaumont, 2011). Even if it has been considered to be in the child's best interest to legally recognize the parent-child relationship (Crawshaw, Blyth, & van den Akker, 2012;Crockin, 2013;European Court of Human Rights, 2014; Permanent Bureau of the Hague, 2012;Singer, 2006Singer, /2007, there are still many legal uncertainties in the handling of these kind of cases. As Fenton-Glynn (2015) has remarked, the decision-makers are faced with a task to take into account public rules and the child's welfare, which in transnational surrogacy seem to be conflicting.…”

Regulating Commercial Global Surrogacy: The Best Interests of the Child

“…The Surrogacy Arrangements Act 1985 outlines relatively strict criteria, thereby making the UK a difficult country in which to arrange a surrogacy: there are not many women willing to engage in the activity as an altruistic endeavor (Crawshaw et al 2012). Most Western European countries have followed suit, while some countries, such as France, have banned the practice of surrogacy altogether.…”

The fertility treatment time forgot: What should be done about surrogacy in the UK?

“…12 While we do not and cannot know exactly how many people travel abroad from the UK to access surrogacy (Natalie Gamble Associates, 2014), we have indications that the use of surrogacy in general is increasing, for example because of the number of applications for Parental Orders being made (Crawshaw et al, 2012). Correspondingly, there have been more cases being brought before the courts, including a signiicant number of cases where the surrogacy has taken place overseas, as well as more anecdotal evidence about the number of people seeking legal advice on this (Prosser, 2013) and numerous reports in the media.…”