UK law and international commercial surrogacy: 'the very antithesis of sensible'

This article evaluates possible responses to the increased frequency with which UK couples and individuals travel overseas in order to access commercial surrogacy arrangements. It concludes that the ban on commercial involvement in surrogacy arrangements within the UK, and the criteria that must be satisfied before legal parentage can be transferred to the intended parents, do not promote the best interests of children, surrogates and intended parents. By facilitating some oversight of surrogacy before the child is conceived, pre-birth approval for parental orders coupled with greater professional involvement in surrogacy, would not only better meet the needs of all parties, but would represent a more sensible, efficient and effective way to regulate surrogacy.