As cases of stateless infants via surrogacy rise in UK courts and foreign surrogacy agencies face increasing instability, Growing Families International Advisory Board will convene a meeting in London next month for the first time. This gathering will bring together UK and European fertility lawyers to raise awareness of these issues and explore strategies for minimising harm.
The meeting will precede Growing Families Annual UK/EU Seminar on best practice in surrogacy, which aims to better inform intended parents engaged in or considering the process.
Unregulated donor IVF and surrogacy are becoming increasingly problematic
This trend is partly driven by women in England and Wales delaying childbirth. According to Office for National Statistics (ONS) projections, this delay will continue, with girls reaching adulthood in 2025 likely to have only one child by the age of 35.
The issue is compounded by the limited lifespan of female eggs. Since egg quality declines significantly after age 35, many of the hundreds of thousands of individuals hoping to give their child a sibling will face challenges in doing so.
As a result, the UK population will have to rely on increased migration, expand access to assisted reproductive technologies, or accept population decline.
It is unsurprising, therefore, that demand for donor eggs and surrogacy among UK nationals continues to grow. The poorly regulated UK system, combined with limited access to well-screened UK donors and surrogates, has resulted in a surge of ‘reproductive refugees’ seeking these services abroad.
Over the past two years, the UK government has failed to implement any recommendations from the surrogacy review it commissioned from the UK and Scottish Law Commissions.
Meanwhile, vulnerable infertile couples are left in a state of confusion, being targeted by an increasing number of unscrupulous operators in Eastern Europe offering donors and surrogates without adequate protections or care.
A complex landscape
Reaching an international agreement on surrogacy recognition through a Hague Convention has proven impossible, largely due to the polarised attitudes towards surrogacy among European countries. Ireland has banned commercial surrogacy both domestically and internationally. Italy has classified it as a universal crime. In contrast, Denmark has recently recognised surrogacy, allowing for immediate recognition of parentage.
Growing Families invites policymakers, legal experts, and intended parents to join the upcoming seminar to discuss best practices and push for change and create a safer and more supportive environment for families navigating surrogacy.
