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UK surrogacy law 'creaking at seams' as demand rises sharply

Created at 21 Jul · 5:06 AM1 source↑ Market-relevant
IN SHORT

UK surrogacy laws are failing intended parents, surrogates, and children due to rapidly increasing demand, with experts calling for urgent reform. The current system leads many to seek arrangements abroad, often in less regulated environments.

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Key Numbers

1,000children born to surrogates in 2025
2025year for which data was obtained
2015year for comparison of surrogacy births
980parental order applications in 2025
150children born in the UK via surrogacy in 2025
2023year of Law Commission review
10top countries for international surrogacy
3year waiting time for UK surrogacy services
100,000signatures on UK surrogacy law petition

Who's Involved

Helen Prosser
Founder and director of Brilliant Beginnings surrogacy agency
Prof Nicholas Hopkins
Author of the 2023 Law Commission review on surrogacy law
Prof Gillian Black
Co-author of the 2023 Law Commission review on surrogacy law
Reem Alsalem
UN's special rapporteur on violence against women and girls
Prof Kirsty Horsey
Researcher on surrogacy regulation at Loughborough University
Rachel Westbury
Owner of Nappy Endings surrogacy agency and multiple-time surrogate

↳ Why This Matters

The current UK surrogacy laws are failing to meet rising demand, creating significant legal, emotional, and ethical challenges for intended parents, surrogates, and children. The lack of timely legal recognition and a shortage of domestic surrogates are pushing families towards potentially riskier and less regulated international arrangements, highlighting the urgent need for legislative reform.

Key facts

  • Demand for surrogacy in the UK has doubled since 2015, with nearly 1,000 children born via surrogacy in 2025.
  • The majority of surrogacy births for UK intended parents occur abroad due to legal restrictions and payment differences.
  • A 2023 Law Commission review proposed reforms, including granting legal parenthood to intended parents from birth, but these have not been prioritized by the government.
  • Current UK law requires surrogates to be listed as the legal mother, necessitating a lengthy parental order process for intended parents.
  • Experts and agencies highlight significant issues including a shortage of UK surrogates, risks associated with overseas arrangements, and distress for new families.

The UK's surrogacy laws are struggling to cope with a sharp increase in demand, leading to distress for families and potential exploitation, experts have warned. Figures show nearly 1,000 children were born via surrogacy in 2025, double the number from 2015, driven by factors including rising infertility and a growing number of gay couples seeking to become parents.

While 150 of these births occurred in the UK, where surrogates are only compensated for expenses, the majority were born abroad in countries like the US, Ukraine, Nigeria, Georgia, Colombia, and Mexico, where surrogates can be paid a fee. UK surrogacy agencies report being overwhelmed by demand, with some forced to turn away prospective parents.

A 2023 Law Commission review recommended significant reforms, including granting legal parenthood to intended parents from birth and increasing regulatory oversight. Currently, the surrogate is listed as the mother on the birth certificate, requiring intended parents to apply for a parental order, a process that can take months and cause distress. Experts argue this outdated system deters potential surrogates and pushes families towards less regulated international arrangements.

Concerns have been raised about the ethical implications of surrogacy, with the UK operating an altruistic model while other countries allow payment. The UN's special rapporteur on violence against women and girls has called for the global abolition of surrogacy, citing risks of exploitation for impoverished women. Despite the identified problems and a draft bill based on the Law Commission's recommendations, the government has not prioritized legislative change.

Agencies highlight that the legal uncertainty in the UK discourages surrogates and pushes parents to seek arrangements overseas, sometimes in "wild west" conditions with language barriers and potential risks for both parties. A petition calling for intended parents to be recognized from birth has garnered over 100,000 signatures, triggering a parliamentary debate. Meanwhile, UK agencies face a significant shortage of surrogates, leading to waiting times of around three years and increasing desperation among intended parents.

Frequently asked questions

The UK permits an altruistic model of surrogacy, where surrogates can only be reimbursed for expenses, not paid a fee. The surrogate is legally recognized as the mother at birth, requiring intended parents to apply for a parental order to gain legal parenthood.

Demand for surrogacy in the UK far exceeds the supply of surrogates due to legal restrictions and the inability to pay surrogates. This, combined with longer waiting times, pushes many to seek arrangements in countries where payment is permitted, such as the US, Ukraine, Nigeria, Georgia, Colombia, and Mexico.

Experts argue the law is archaic and "creaking at the seams," causing distress to new families, deterring potential surrogates, and pushing people towards less regulated international arrangements. There are also concerns about the lack of regulatory oversight for surrogacy agencies and pre-conception screening.

A 2023 Law Commission review recommended granting legal parenthood to intended parents from birth, increasing regulatory oversight of agencies, and implementing pre-conception medical and safeguarding screening. These recommendations informed a draft bill, but it has not been prioritized by the government.

What Happens Next

01A petition to change UK surrogacy law has triggered a parliamentary debate.
02The government has not made legislative reform of surrogacy law a priority.

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Cadence

How It Developed

Surrogacy demand in the UK has doubled since 2015, with nearly 1,000 children born via surrogacy in 2025.
Increased demand is attributed to a rise in gay couples seeking parenthood, infertility, and shifting cultural attitudes.
Over 980 parental order applications were made in 2025, with 150 children born in the UK and the remainder abroad.
UK surrogacy agencies report unprecedented demand, with some turning away new clients.
A 2023 Law Commission review recommended changes, including granting legal parenthood to intended parents from birth, but the government has not prioritized legislative action.
Current UK law requires surrogates to be listed as the mother on birth certificates, necessitating a post-birth parental order application.
Experts warn that the lack of a regulated UK scheme pushes people towards riskier overseas arrangements.
The UN's special rapporteur on violence against women and girls has called for the global abolition of surrogacy, citing exploitation risks.

Sources

T1
UK surrogacy law ‘creaking at seams’ as demand rises sharplyThe Guardian

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