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Legal Update: In a Nutshell - The law on surrogacy and its implications

Surrogacy, where a woman becomes pregnant with the intention of giving the child to someone else after birth, raises crucial legal issues.

Generally, surrogacy arrangements are entered into where a person or couple cannot conceive a child themselves (they are generally known as "intended parents").

There are two forms of surrogacy: one where the mother's egg is used, making her the genetic mother; and another ("gestational surrogacy") where the egg is provided by the intended mother or a donor, and the egg is fertilised through IVF and then placed inside the surrogate mother.

Is surrogacy lawful in England?

In England and Wales, surrogacy per se is not a criminal offence. However, "commercial surrogacy" is illegal. Commercial surrogacy involves entering into, offering or agreeing to make a surrogacy arrangement for commercial gain. This means that it is illegal for someone to offer or advertise that they are looking for a surrogate, or that they are willing to act as a surrogate.

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