Policy Press

Future Directions in Surrogacy Law

Law and Policy Reform in the UK and Beyond

Edited by Kirsty Horsey, Zaina Mahmoud and Katherine Wade

This edited collection brings together a range of experts in the field of surrogacy, at a time when the law in the UK has been fully reconsidered for the first time in generations. The book scrutinizes outdated laws, paving the way for overdue change. This is an unprecedented contribution to the public and parliamentary debate on surrogacy.

This edited collection brings together a range of experts on surrogacy, at a time when the law in the UK has been fully reconsidered for the first time in generations.

Society has developed significantly since surrogacy laws were first written and the existing law is out of date and no longer fit for purpose. Each chapter in this collection considers one aspect of surrogacy regulation and analyses the potential effectiveness of proposed reforms or suggests what changes should be made based on experience in other jurisdictions.

This is an unprecedented contribution to the public and regulatory debate on surrogacy.

Kirsty Horsey is Professor of Law at the University of Kent.

Zaina Mahmoud is Lecturer in Law at the University of Liverpool.

Katherine Wade is Lecturer in Law at the University of Bristol.

1. Introduction: Future Directions in Surrogacy Law: Law and Policy Reform in the UK and Beyond – Kirsty Horsey, Zaina Mahmoud and Katherine Wade

Part 1: Perspectives on the Surrogacy Landscape

2. From Wilful Neglect to Progressive Support: Surrogacy Law and Its Human Impact – Linder Pott and Alan White

3. How UK Surrogates Navigate Arrangements, Processes and the Law – Kirsty Horsey

4. Why UK Parents Go Overseas: The Challenges, and What It Means for UK Law Reform – Natalie Gamble

Part 2: Specific Issues in the Law Commission Recommendations

5. The Genetic Link Requirement: Reconsidering the Arguments for Double Donation – Lottie Park-Morton

6. Reconsidering Payments to the Surrogate: Can the ‘Ambiguities’ by Resolved? – Alan Brown

7. The Creation of the Surrogacy Register: A New Dawn for Children’s Rights in Relation to Origin Information? – Katherine Wade

Part 3: International Impacts and Perspectives

8. Comparing Surrogates’ Healthcare Provision in the United Kingdom and California – Zaina Mahmoud

9. Surrogacy in Europe: The Findings of the ECtHR and the Law Commissions’ Reform Proposals – Marianna Iliadou

10. Ireland’s Irreconcilable Approaches to Domestic and International Surrogacy? – Brian Tobin

11. Regulating Ethics: Potential Lessons From New Zealand – Debra Wilson