Fit for the 21st Century? A Review of Surrogacy Provisions within the Human Fertilisation and Embryology Act 1990

In March 2005 the House of Commons Science and Technology Committee (STC) published its report ‘Human Reproductive Technologies and the Law’ which examined existing regulation of Assisted Reproductive Techniques (ARTs) and made recommendations for reform, with the aim of ‘reconnect[ing] the [Human Fertilisation and Embryology] Act with modem science’.1 In August 2005, the Department of Health (DH) commenced its own review of the 1990 Act, stating that ‘the legislation that applies to assisted reproduction treatment and procedures in the UK needs to be fit for the 21 st Century’.2 Surrogacy is one form of assisted reproduction that is regulated (at least partially) under the 1990 Act. Indeed, in their recommendations for review of the 1990 Act, both the STC and the DH agree that surrogacy should be revisited. It is important, however, that this review should be more than a mere afterthought and it is with this in mind that this article examines current regulation with a view to proposing recommendations for future regulation.3