UK Surrogacy Regulation:Historical Progress and Unresolved Issues
The UK Law Commission's 2023 report proposed a"new approach"to regulate surrogacy in the UK.Whether surrogacy agreements can be legally enforced has been discussed at length and two feasible recommendations have been summarized,namely,either surrogacy agreements should be"regulated but unenforceable"or"partially enforceable".However,the report did not provide a definitive recommendation on whether commercial surrogacy should be allowed,and this needs to be explored further.Based on the experience of the UK,China may consider enacting specific laws and regulations to regulate surrogacy,including the establishment of supervisory body and management process.A limited legalization model for surrogacy should be implemented,excluding commercial surrogacy and surrogacy for non-physical disabilities.On the issue of parentage determination,reference is made in the"Parental Order"procedure in the UK,with genetic surrogacy following the"birth mother is the legal mother"principle,while gestational surrogacy could presume the intended parents as the legal parents.
UK surrogacysurrogacy agreementcommercial surrogacylegalization of surrogacy
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