How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?

This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.