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What is the legislative framework for surrogacy in the UK? What discussions are there around surrogacy law in the UK, and what are the policy considerations?

Documents to download

‘Surrogacy in the UK’ report (2 MB , PDF)

DOI: https://doi.org/10.58248/PN761 

Surrogacy is an arrangement where a woman* carries and gives birth to a child (or children) for another person or couple. The woman carrying the pregnancy may or may not be genetically related to the child. Surrogacy provides a pathway to parenthood for people who cannot carry a pregnancy themselves.

Surrogacy is a complex issue spanning legal, ethical, human rights and medical domains. Different terminology is used by different stakeholders.

Regulation of surrogacy in the UK

In the UK, surrogacy is a legally recognised arrangement and is primarily governed by the Surrogacy Arrangements Act 1985 and the Human Fertilisation and Embryology Acts (HFEA) 1990 and 2008. In 2017, the Law Commission of England and Wales and Scottish Law Commission launched a major review of surrogacy law, publishing their report in 2023.

In the UK, commercial surrogacy and third-party advertising are prohibited. The surrogate is the legal parent at birth, and parenthood can later be transferred to the intended parent(s) through a court process. This is usually a parental order, but in some cases, adoption.

Data on surrogacy

There is no comprehensive dataset on all UK surrogacy activity, and what data there is may not represent all activity. However, data on parental orders (the legal mechanism transferring parenthood from a surrogate to intended parents) indicates rising use of surrogacy arrangements, with around 500 parental orders granted annually in recent years. In 2024-25, there were more cross-border surrogacy applications, which are often commercial, than UK surrogacy applications.

The research evidence base on surrogacy is growing but remains limited, particularly on the long-term health and psychological outcomes for those involved.

Debates around surrogacy

Debates on the future of UK surrogacy legislation reflect a wide range of views. Some supporters of surrogacy advocate reform to address practical, legal and regulatory challenges within the current framework. Others argue surrogacy should be restricted or prohibited, citing concerns about exploitation, inequality, consent and commodification, particularly in cross-border arrangements (where one party to the arrangement is outside the UK).

Despite these differences, there are shared priorities: across perspectives, stakeholders emphasise that the welfare of children born through surrogacy should remain a central factor in policy development, and that the evidence base requires strengthening through further research.

*The term “woman” is used in this briefing to describe individuals carrying surrogate pregnancies, while recognising that trans men and people of other gender identities may also act as surrogates.

Scope

This briefing focuses primarily on formal and informal surrogacy in England and Wales, and Scotland, unless otherwise stated. However, some information may be relevant to the UK more broadly. 

While this briefing focuses on surrogacy arrangements involving UK residents, and on domestic law and policy, it also considers the international context and cross-border arrangements.

Acknowledgements

This briefing was produced in consultation with experts and stakeholders. POST would like to thank everyone who contributed their expertise.

Documents to download

‘Surrogacy in the UK’ report (2 MB , PDF)