International Surrogacy Laws are not Keeping up

The number of couples entering into surrogacy arrangements has been steadily rising in recent years, including gay couples keen to have a child genetically connected to one of them. Many cases involve an international element raising complex issues. Unfortunately there is currently no harmonisation of laws across jurisdictions, nor any international conventions dealing with surrogacy, so fundamental differences between countries regarding the regulation, legality and legal implications of surrogacy exist.

Even in Europe, where more and more families are moving across borders taking advantage of the EU freedom of movement provisions, there is no certainty that a surrogacy arrangement entered into in one European country - or the child born out of such an arrangement - will be recognised in another country.

Is surrogacy legal?

Surrogacy agreements are not enforceable in the UK (section 1A Surrogacy Arrangements Act 1985). If a surrogate (birth) mother refuses to give up the child on birth, the intended parents cannot enforce a surrogacy contract. Their only recourse is to make an application to the English court for residence of the child. The court will...