Feminists Gear Up for a New Fight

“Just before Parliament broke for the Easter recess, very quietly and without much fanfare, the Law Commission for England and Wales, with the Scottish Law Commission, announced the publication of the report of their 2019 consultation ‘Building Families through Surrogacy‘, and, in a departure from usual practice, produced a draft bill to accompany their recommendations.

The Commissions have proposed the first significant reform to domestic surrogacy legislation since the Surrogacy Arrangements Act of 1985; proposals which would see the balance of power in a surrogacy arrangement tipped away from the surrogate mother, towards the commissioning parents. This is an unusual move for the Law Commissions, which usually confine themselves to recommending tweaks and adjustments to some of our more archaic laws. This time they have taken on a role usually reserved for select committees and government departments: advocating wholesale reform of an area of law and practice, and producing a draft bill to go with it; something which is generally the preserve of elected politicians.”