The recent Prospect Magazine feature, “The legal limbo of UK surrogacy,” underscores the deep uncertainty wrapped up in current UK surrogacy law. Though often well-intentioned, the present legal framework leaves children, surrogates, and intended parents in precarious positions raising serious ethical questions.
Under the Human Fertilisation and Embryology Act 2008 and the Surrogacy Arrangements Act 1985, a woman who gives birth to a child is the legal mother at birth – regardless of genetics – and her spouse may even be deemed the legal father, until a parental order is granted. Contracts made before birth are unenforceable, meaning any family agreements are dismissed in court in favour of “the child’s welfare.”
This was tragically illustrated when a UK surrogate named Melissa reported that after giving birth, the intended parents abruptly cut contact – despite signed agreements promising an on-going relationship. As the law stands, she had no platform to contest their decision.
The Law Commission’s 2019 consultation and its March 2023 final report proposed a new regulated pathway, granting legal parenthood from birth under strict oversight – designed to protect children, surrogates, and parents. However, the UK government has yet to adopt these reforms, citing parliamentary constraints
SPUC argues that surrogacy, particularly international or high‑cost arrangements, institutionalises the use of women’s bodies and treats human life as a manufactured product.
Pro‑life advocates emphasise that genuine protection for the unborn entails respecting the natural bond between mother and child, affirming both biological truth and dignity, not bypassing it through legal manoeuvres that prioritise adult autonomy over child welfare.
SPUC advocates for a rejection of commercial or transnational arrangements that risk exploitation of the child and recognition that parenthood and personhood begins with the birth mother – not a financial transaction.
Legally the situation remains unresolved. The legal limbo highlights that current laws fail the child first and foremost. For the pro‑life movement, every child deserves certainty, love, and protection.
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