Building Families through Surrogacy: A New Law

29 Mar 2023

The Scottish Law Commission and the Law Commission have published their joint report, Building Families through Surrogacy: A New Law. The Report, which concludes the SLC’s project on Surrogacy, recommends a number of reforms to the existing law concerning parental orders and also recommends the introduction of a “new pathway” which would allow the intended parents of a child born under a regulated surrogacy agreement to be that child’s legal parents from birth.

Professor Gillian Black, the SLC lead Commissioner for the project, said:

“Our recommendation for a “new pathway” ensures that critical screening and safeguarding measures for the surrogate and intended parents will take place before conception. These safeguards will be overseen by a state-regulated and approved body, which will provide support to all parties in their decision to enter a surrogacy agreement. The welfare of the child is paramount in all of our reforms.”

“We hope that Government will endorse these recommendations for law reform, to ensure that surrogacy law properly meets the needs of surrogate-born children, surrogates, and intended parents.”

The Report and accompanying documents are available via the project page.