Surrogacy reform in the UK

1. Is surrogacy legal in the UK: legal status in 2026
2. Why is it necessary to reform the legislation on surrogacy?
3. The essence of surrogacy reform in the UK: "A new path to legal parenthood"
4. Current surrogacy laws in the UK vs. reform
5. Surrogacy reform in the UK in 2026: current status
6. Problems that surrogacy reform in the UK solves
7. Principles of the "New path to legal parenthood"

It is proposed to radically change the process of obtaining parental rights. The Law Commission has submitted a proposal to parliament to create a so-called "New path to legal parenthood", which would allow biological parents to obtain a Parental Order before the birth of a child, which is not provided for by current surrogacy laws in the UK.

The idea of surrogacy reform in the UK is due to the inconsistency of the current legal model with the modern realities of assisted reproductive technologies (ART) and creates legal risks for all participants.

Is surrogacy legal in the UK: legal status in 2026

Surrogacy is legal in the UK exclusively within the framework of the altruistic model. This means that it is illegal to pay the surrogate mother anything in excess of a reasonable reimbursement of expenses.

To date, surrogacy laws in the UK are based on the principle that the woman who gave birth to the child is considered the mother of the child. This means that the biological (genetic) mother for whom the child is carried does not automatically receive parental rights. This procedure requires a mandatory court decision.

This model is enshrined in the current surrogacy laws in the UK for 2026. Intended parents face difficulties in obtaining parental rights, since they are not legally the parents of the child from the moment of birth.

Overview of the provisions of the current surrogacy laws in the UK:

Existing surrogacy laws in the UK require intended parents to obtain a Parental Order through the courts, which is a lengthy and potentially risky process. It was these difficulties that initiated a large-scale reform of the legislation on surrogacy.

Why is it necessary to reform the legislation on surrogacy?

The reform of the surrogacy law has become necessary due to the outdated legal apparatus, which does not provide sufficient protection to either the biological parents or the surrogate mother, and leads to legal uncertainty. The current laws were passed in 1985 and 2008 and do not take into account the development of gestational surrogacy and the modern realities of surrogacy in the UK.

Problems that surrogacy reform in the UK solves

The main problem is that legal motherhood remains with the surrogate mother for six weeks after giving birth, which theoretically allows her to refuse to transfer the child. It is expected that the reform will solve the following issues:

1. Legal uncertainty: parental rights are not assigned to the biological parents until the receipt of the Parental Order (at least 6 weeks later), which leaves the child in a legal vacuum.
2. Emotional risks: the risk of the surrogate mother's refusal (although low) to hand over the child or the intended parents' refusal to accept parental responsibilities creates traumatic situations.
3. International mismatch: the rigid altruistic model forces British citizens to apply for commercial surrogacy in other countries, such as Ukraine, where the legal requirements for surrogacy are clearer and more guaranteed.
4. Weak cost regulation: a vague definition of "reasonable spending" increases the risk of "hidden" commercial payments.

It is these issues that are the main driving force for the reform of surrogacy legislation in the UK to move forward through parliamentary procedures in 2026.

The essence of surrogacy reform in the UK: "A new path to legal parenthood"

The key element introduced by the reform of surrogacy legislation in the UK is the creation of a "New path to legal parenthood", which will automate and speed up the process of transferring parental rights. The main goal of the reform is to make the process safer by transferring the legal consolidation of parental rights to an earlier stage (before the birth of the child).

Principles of the "New path to legal parenthood"

The new pathway proposed by the Law Commission will be mandatory for intended parents wishing to obtain a Parental Order before the birth of a child.

1. Pre-birth parentage: the most important change. If all the requirements of the "New path to legal parenthood" are met, parental rights can be transferred to the intended parents before the birth of the child, which eliminates the legal uncertainty of the first weeks.
2. Regulatory authority (RSOs): establishment of an independent, not-for-profit regulatory body overseen by the HFEA that will oversee the process, verify the compliance of the parties, provide psychological support, and approve expenses.
3. Mandatory counseling: introducing mandatory counseling for both parties (surrogate mother and intended parents) to ensure that the risks and responsibilities are fully understood.
4. A surrogate mother is not a donor: a clear legal consolidation that a surrogate mother who did not provide an egg does not have a genetic relationship with the child.
5. Surrogacy register: so that children can, when they grow up, find out about their origins and receive other data.
6. A surrogate mother can refuse to participate in the program for a certain period.

This reform of the legislation on surrogacy radically changes the essence of the process, making it similar to those models that are already working effectively, for example, in Ukraine.

According to the Law of Ukraine on assisted reproductive technologies (ART), a surrogate mother does not even have a theoretical opportunity to keep the child, and parental rights are assigned to the intended parents at the time of signing a contract with the clinic.

Feskov Human Reproduction Group is the best reproductive clinic that guarantees an unlimited number of IVFs and the birth of a healthy child of the desired sex under a fixed- price contract. Our clinic offers international surrogacy programs, in which embryo transfer and pregnancy monitoring takes place in Ukraine, and the surrogate mother comes to give birth in the UK or another country of the parents' choice.

Current surrogacy laws in the UK vs. reform

A comparison of the current rules with the proposed surrogacy reform in the UK clearly shows why so many British citizens are turning to international programs, for example, at the Feskov Human Reproduction Group.

Since the reform of surrogacy legislation aims to increase the safety of the process and guarantees, it is essential for all future parents. However, until it is fully adopted, many continue to consider jurisdictions where the parental rights of genetic parents are guaranteed by law from the moment of conception.

Surrogacy reform in the UK in 2026: current status

In 2026, surrogacy reform in the UK has been postponed, as it is not a priority issue for Parliament.

Although the exact timing of the adoption of the reform of the legislation on surrogacy is not determined, it receives a fairly high public and political support, which indicates the likely adoption of the bill in the coming years. At the same time, it is important to understand that even after the adoption of the new law, commercial surrogacy in the UK will remain illegal and guaranteed programs with a 100% birth of a healthy child are not expected.

Until all the changes come into force, the surrogacy laws in the UK remain in the same form. This means that overseas programs with a guaranteed result and a fixed price from Feskov Human Reproduction Group remain the most attractive option for British citizens looking for legal security, guarantees and attentiveness to their wishes. Get a free individual legal roadmap for the birth of your child – contact the manager on the website!