Surrogacy is on the rise. Ministry of Justice statistics highlight a peak of 444 parental orders were made in 2019 and 435 in 2021 compared to 117 in 2011. Yet, surrogacy is still governed by legal concepts that fail to grapple with the changing faces and make-ups of modern families. As Lady Hale observed “UK law on surrogacy is fragmented and in some ways obscure.”[1] Below, we examine the current state of the law and look forward to what changes to this landscape might look like.
By Andrew Powell & Lucy Logan Green, barristers at 4PB
Before starting to consider the state of surrogacy law in England & Wales, a grasp of the fundamental pillars of families, who forms them and what defines them is essential.
Who is a parent?
Anyone reading this question may assume it is a simple one ...
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