London Women’s Clinic welcomes new surrogacy proposals
On 29 March 2023 the Law Commission of England and Wales and the Scottish Law Commission published their long-awaited final recommendations on reforming the law on surrogacy - here's what you need to know.
The Government – which sponsored the review – now has six months to provide an interim response and a year to fully respond to the proposals, ‘Building Families through Surrogacy: A New Law’, alongside a draft new Surrogacy Bill.
There has been much criticism of the existing law on surrogacy, from academics, legal practitioners, the judiciary, surrogacy organisations and – importantly – from many surrogates and intended parents. The Law Commissions’ work was undertaken following calls for reform from all those groups and has taken nearly five years, including a public consultation that ran for four months in 2019. London Women’s Clinic welcomes the new proposals which should, if implemented, make the landscape for domestic surrogacy clearer, easier to understand, and a smoother process for all involved. As the Law Commissions’ joint report (p19) says:
Our recommendations provide much greater certainty to surrogates and intended parents and operate in the best interests of children born through surrogacy...
...Importantly, they do so without altering the fundamental ethos within which surrogacy takes place, based on ‘altruistic’ rather than ‘commercial’ principles: RSOs will be required to be non-profitmaking bodies; our recommendations on payments ensure that women are not paid for carrying a baby for the intended parents; and surrogacy agreements are not contracts enforceable by the parties against each other.”
What might change?
If the Government agrees to take the Law Commissions’ recommendations forward, then Parliament will debate the proposed Bill. But with a general election on the horizon, this could take some time!
Here, we discuss some of the key proposals and what they mean. At the bottom of the page we have included a table summarising some of the main potential changes that would occur, should the Bill be passed into law.
A new ‘pathway to parenthood’
Under the current law, the surrogate is the legal mother at birth (whether or not her egg was used) and, if she is married or in a civil partnership, so is her spouse or partner (except in limited circumstances). If she is single, one of the intended parent(s) can sometimes be included on the birth certificate alongside her. To gain legal parenthood (and to extinguish the legal parenthood of the surrogate), the intended parent(s) must apply to the court for a parental order after the birth – a process which can take many months to complete.
This is obviously not an ideal situation – it means legal responsibility for the child rests with the surrogate, who is not the person providing the day-to-day care. Conversely, the intended parents, who are looking after the child, do not (both) have legal responsibility. This situation does not reflect what the parties intended when they entered the arrangement and is not in the best interests of the child, nor reflective of their identity. Our survey with 47 surrogates treated at LWC between 2014 and 2021 (as well as previous research here and here) shows that surrogates don’t view themselves as the mother and don’t want legal responsibility of the children they carry. Most thought the legal parents at birth should be the intended parents. There were similar findings among our survey of 61 of our intended parents.
The Law Commissions have recommended the creation of a new ‘pathway to parenthood’ which, if the required screening and safeguarding steps are completed before conception, will allow intended parents to be the legal parents from birth. These steps include health checks, criminal records checks, implications counselling, independent legal advice, a welfare of the child assessment, and a written surrogacy agreement approved by a (new) Regulated Surrogacy Organisation (see below). There will also be eligibility requirements: the intended parent(s) must be over 18 years old and either domiciled or habitually resident in the UK, and at least one parent must be genetically related to the child. The surrogate must be over 21 years old.
Obviously, the surrogate would retain full autonomy over her body while trying to conceive and while pregnant. If she withdraws consent to the agreement during pregnancy, the situation reverts to one similar to the current position: she will be the legal mother at birth, and the intended parents can apply for a parental order. If she withdraws consent after the birth (within a six-week period), there is a crucial difference – as the intended parents are the legal parents, it is the surrogate who must apply for a parental order. As in all family court applications, the court’s paramount consideration is the lifelong welfare of the child. The court would have the ability – unlike now – to recognise the surrogate’s consent if it is in the best interests of the child to do so.
__IMAGE_PLACEHOLDER_0__
New Regulated Surrogacy Organisations
There are currently four non-profit surrogacy organisations recognised by the Department of Health as having good practice; these work with many surrogates and intended parents to support them through their journeys, to educate and – in some cases – provide ‘matching’ services.
The Law Commissions propose that these surrogacy organisations – and others who might apply in future – become Regulated Surrogacy Organisations (RSOs), giving them further legitimacy as they would be licensed and regulated by the Human Fertilisation and Embryology Authority (as fertility clinics are). Under the new proposals, RSOs will be responsible for ensuring that all the ‘pathway’ conditions are met, and oversee a Regulated Surrogacy Agreement between the parties. It is to be hoped that regulation and legitimacy help to provide intended parents and surrogates with the ‘certainty’ many feel is currently lacking in the law, as the respondents to our surveys indicated.
Advertising
Under the current law it is illegal to advertise for or as a surrogate, or for surrogacy support organisations to advertise their services. The proposals suggest that RSOs will be able to advertise and this – along with an education role – should encourage domestic surrogacy agreements. Our surveyed surrogates and intended parents also support this proposal. In both groups, there was little support for either surrogates or intended parents being able to advertise (i.e. that they were offering to be, or seeking, a surrogate), with greater support for the non-profit surrogacy organisations being able to do so.
What does this mean for surrogacy at LWC?
At the moment, we still have to work within the existing law, though as our in-house research has shown, we are doing this very successfully. In the nearly 10 years in which we have been offering a surrogacy service, we have worked with over 112 intended parents and over 108 surrogates on their journeys (you can see a summary of our successes up to February 2022 in this article). In 2023 we will see the birth of our 100th baby born through surrogacy.
We plan to continue to develop our surrogacy service, listening to what our surrogates and intended parents have shared in our surveys, and taking into account wider research. Because we realise the value of what the Law Commissions have proposed and know that their recommendations reflect and bolster existing good practice in surrogacy, we will ensure that surrogacies at LWC are ‘pathway compliant’ and support our surrogates and intended parents to achieve this. While intended parents will - for the immediate future - have to apply for parental orders, frontloading everything (except the Cafcass assessment for the parental order which must take place after the birth of the child) is sensible practice and will be what we recommend.
What can you do?
Alongside the Law Commissions’ report and the links provided above, this briefing paper from the Nuffield Council of Bioethics explains the current landscape of surrogacy and issues that might feed into parliamentary and public debates to come.
If you support the recommendations it is important that members of parliament who will be debating the law know that you do, and why. You can write to your MP (they like to hear personal stories that inform the debate) and also encourage them to join the All-Party Parliamentary Group on Surrogacy, which will be working to get the Bill passed.
Further reading
If you wish to read further there are a few places we would recommend:
- Professor Gillian Black, the Scottish Law Commissioner, wrote this piece about the proposals in BioNews (which you can subscribe to for free to keep up to date on this and other issues).
- Dr Lottie Park-Morton, senior lecturer in law, has written this blog about the proposals and what they mean, and will be following the whole process of law reform.
The main surrogacy organisations all have their views on the proposals, too – you can follow them on social media or see their various blogs in response to the Law Commissions’ work at the following links:
Summary of the proposed changes
__IMAGE_PLACEHOLDER_1__
All of our blog posts are written, edited, or produced by the London Women's Clinic Content Team. This is a collaboration between our expert writers, health editors, and the leading researchers and senior doctors at our Harley Street clinic.
What Our Patients Say
‘We started our IVF process with LWC around a year ago. It felt very daunting and a long road ahead, and the entire team were so supportive and explained everything so clearly. When we were undergoing the egg retreival and transfer, the team were so kind and we felt really looked after. We have now welcomed our little girl and after years of trying, we wouldn't have gotten here without the support and guidance given by LWC. Thank you all!’
Alice Maker
22 January 2026, LWC London Bridge
‘Dr Suraya made our appointment a really enjoyable experience. She made us both feel at ease and was so knowledgeable throughout the scan. Dr Suraya is a real asset to LWC’
Liz Troup
22 January 2026, LWC London Bridge
‘I received excellent care from all the staff at London Women's Clinic, we felt very welcomed as a same sex couple. We are so grateful to have been able to have our wonderful daughter. I would definitely recommend the clinic to anyone starting fertility treatment!’
Megan Knox
21 January 2026, LWC Canterbury
‘I've recently completed a round of egg freezing with London Women's Clinic harrow and I couldn't recommend them as a clinic more. Carla and Ana-Maria quite literally held my hand throughout the entire process, making me feel really relaxed and supported. It's made such a stressful experience super positive and if anyone is thinking of using them, I'd absolutely recommend them!’
Brooke Day
19 January 2026, LWC Harrow
‘I undertook Kind IVF, which even though is nurse led as opposed to consultant led, the care, professionalism and knowledge is there. The nurses consult with consultants during your protocol, so the difference really is you see the nurses instead. The medication doses are less and less medication, but this doesn't mean it will be less effective, it is an option worth exploring, as the cost is less and can open the door when more traditional ivf is out of reach. I am currently pregnant having gone through the kind ivf protocol one time.’
APINTOF MEGAN
19 January 2026, LWC London Bridge
‘Exceptional service from start to finish. Highly recommend Harley street team for looking after us. Absolutely loved your service and care. Thank you London woman's clinic :)’
Anh Nguyen
19 January 2026, LWC Harley Street
‘The team at the Cambridge LWC branch have been incredibly supportive, encouraging and helpful throughout our journey, and have been with us through the ups and downs. It's a very safe and inclusive space, and we feel very well cared for. We can't recommend them enough! Sarah and Jacqui’
Sarah Peace
16 January 2026, LWC Cambridge
‘We will be forever grateful to London Women's Clinic Bromley for helping us achieve what once felt impossible -- welcoming our beautiful, healthy baby boy in November 2025. Our IVF journey was emotional, overwhelming at times, and deeply personal, but from the very first appointment we were met with nothing but kindness, compassion, and unwavering support. Every step was clearly explained, we were kept fully informed throughout, and there was always someone available to answer our questions or simply reassure us when we needed it most. We never once felt like just another patient -- we felt truly cared for. Dr Malini, Sarah, Nicky (Nikita) and Dom were exceptional and will always hold a very special place in our hearts. Their warmth, patience, and genuine kindness made the process so much easier to cope with. They made us feel safe, comfortable, and supported during some of the most vulnerable moments of our lives. Every nurse, embryologist, and member of staff we encountered was wonderful. We honestly cannot recommend London Women's Clinic Bromley enough to anyone struggling with fertility or facing similar challenges. The dedication, empathy, and expertise of this team has changed our lives forever. We hope to take the clinic up on their offer to visit with our little miracle, who we are endlessly thankful they helped bring into this world. Thank you from the bottom of our hearts. Lucy & Sayed ’
Lucy morgan
16 January 2026, LWC Bromley
‘My journey with egg freezing in the LWC has been amazing. I had started consultations with another provider before but didn't feel comfortable there, and I'm SO GLAD I listened to my instinct and went to this clinic! The whole team was so knowledgeable and supportive throughout, but also just lovely. I would recommend the clinic, ESPECIALLY if you are worried about the process and feel emotional, the understanding and support here is way beyond what I was hoping for!!!’
Charlotte M
15 January 2026, LWC London Bridge
‘My journey with the LWC in London Bridge + Harley Street has been outstanding. The team is so lovely, I felt welcomed and understood from the first to the last call and through every appointment in between. I would recommend it to every friend!’
Charlotte M
15 January 2026, LWC Harley Street
‘Nicki has a beautiful and excellent personality, she was so kind, polite and sweet. I felt so happy after the scan . Bless her. Right woman for the job.’
Steave Oyinloye
15 January 2026, LWC Bromley
‘Nikita was fab - really put me at ease with my scan and able to relax. Feel very supported’
S S
15 January 2026, LWC Bromley
‘Just had my scan with Nikki and she was very informative and made me feel very comfortable.’
Lisa
15 January 2026, LWC Bromley
‘Nikita was excellent and mindful during our initial scan/consultation explained everything well.’
james harris
15 January 2026, LWC Bromley
‘Myself and partner have had a lovely experience with LWC Canterbury they are thoughtful and caring. Always made us feel comfort and welcome even through the difficulties that we have faced on our journey, however we will be forever grateful for all they have done and are contiuing to do.’
Natasha Elliott
14 January 2026, LWC Canterbury
‘This was my first fertility treatment, and I cannot express enough how thankful I am to have chosen LWC and to have been treated at the Harrow clinic. I would highly recommend it to anyone considering starting their fertility journey! From the start, I appreciated how transparent the admin team was about all the costs involved at every stage, giving clear ranges when the decision depended on how the treatment would go. I am also extremely grateful for their support in helping with securing financing, even when I decided to move forward at short notice. They took the time to schedule calls to answer my questions, and I truly felt listened to and cared for as a patient. At the Harrow clinic, I experienced an exceptionally caring and positive environment. All the nurses were highly professional while also being incredibly comforting and supportive. I would especially like to thank Ana Maria, who was there throughout the process, offering practical advice based on her own experience, a hug when needed, and making the entire journey feel much more like home. I would also like to thank Carla for her positivity, high energy, and encouragement during difficult moments, and Laura for her empowering and reassuring approach to the injections. Dr Goswami was also outstanding--extremely professional and clear in her advice. She carefully adjusted the treatment to aim for the best possible outcome while prioritising safety and minimising risks. I am also very grateful for the support groups organised by the clinic. Through these, I met incredibly brave and empowered women and couples. Sharing this journey with some of them made the experience far more bearable and positive. Thank you to everyone at the Harrow clinic and LWC for your incredible support!!’
Marina Riabiz
14 January 2026, LWC Harrow
‘We had a very positive experience at this IVF clinic and would highly recommend it. From the very beginning, we felt well supported and looked after throughout the entire journey. A special thank you to Safak, our patient coordinator, who was incredibly helpful and always very quick to respond. We would also like to thank Princess, the receptionist, as well as the Italian receptionist whose name we unfortunately don't remember, for always being kind and welcoming. We are extremely grateful to Dr Suraya, who performed many of our scans and was exceptional throughout the process, and to Dr Rao, who followed our journey step by step with great care, professionalism and attention. Finally, a big thank you to all the nurses, especially Hannah,Ella and Paige, for their support, kindness and professionalism. Overall, we felt very well cared for and supported, and we truly recommend this clinic to anyone considering IVF!’
Alicia Gioia
12 January 2026, LWC London Bridge
‘The reception staff are amazing nothing is to much trouble. Always answered any queries we had. The whole team were brilliant from our first initial appointment too our very last. They made us feel so comfortable.’
Rachel Powell
12 January 2026, LWC Bristol
‘We don't know where to begin, this place truly is wonderful. So so comforting and welcoming. Every single staff member went above and beyond and really felt like family. We couldn't be more appreciative of everyone who helped us on our way to creat our little one, who is cooking away nicely at 20 weeks. From choosing a sperm donor to my egg collection and then to getting my wife pregnant with the embryos a few months later, it was so stress free and we felt supported every single step of the way. We can't thank all the lovely wonderful ladies at the Brentwood clinic enough for what they have helped us achieve- and of course the amazing people at the Harley street clinic for doing the procedures who were just as welcoming! Thank you all so so much, we can't wait to bring our little man to meet you all when we are ready to try for baby number 2 xxxxx’
molly bannister
9 January 2026, LWC Brentwood
‘Following a seminar I attended at LWC, I arranged a consultation with Dr. Naware who specialises in fertility for women over 40. It was a refreshing experience. Dr. Naware is empathetic, kind and thorough. The follow up from the clinic was excellent, with Safak, Patient Coordinator, providing regular updates.’
A Patel
9 January 2026, LWC London Bridge
‘We are incredibly grateful to London Women's Clinic - Canterbury for their outstanding care and support throughout our IVF journey. Both the Canterbury and Bromley teams surrounded us with genuine kindness, understanding, and constant attention. We always felt listened to and truly cared for, and the level of professionalism was exceptional at every stage. Thanks to their dedication and hard work, we had the chance to welcome our beautiful little daughter into the world. We cannot recommend this clinic highly enough.’
Natalia Twardochleb
8 January 2026, LWC Canterbury
‘We can't recommend the London Women's Clinic enough. My partner and I are a same-sex female couple and are currently pregnant with our baby due in July -- after only two attempts. From the moment we chose the London Women's Clinic, the experience was incredible. The Harrow branch in particular felt so welcoming and supportive. Carla Lang, Ana-Maria, Laura Adagbon, and Dr Gill were absolutely amazing -- accommodating, kind, friendly, and genuinely caring. They went above and beyond throughout our entire journey, even responding to emails outside of working hours, which meant so much to us. We had previously completed blood tests and scans at another clinic but didn't feel it was the right fit. The London Women's Clinic didn't push us to repeat everything unnecessarily -- they accepted our previous tests, which really showed that they are not money-driven. On that note, their pricing is also very affordable compared to other clinics. Dr Gill is incredibly thorough and precise, taking so many factors into account when planning treatment, which gave us complete confidence. Our insemination was carried out at the Harley Street London Women's Clinic by Dr Yogita Date, who was equally wonderful. She made us feel comfortable, supported, and genuinely wished us luck during the procedure. Overall, this clinic felt more like family than a medical service. Even now, they continue to check in on us and our pregnancy, which says everything about the level of care they provide. We are beyond grateful and wouldn't hesitate to recommend the London Women's Clinic to anyone starting their fertility journey.’
Maisie Thomas
8 January 2026, LWC Harrow
‘The team at LWC Harley Street have been outstanding. They have supported my wife and I through our IVF journey at every step, keeping us informed and making the entire journey feel seamless. A special thanks to Dr Serra, Nurse Mimi, Vita and the rest of the LWC team that have helped us along the way. We are now 20 weeks into our pregnancy and LWC have continued to follow up to ensure all is well. A big thank you once again and we highly recommend LWC Harley Street to anyone considering IVF.’
Keyur Nakum
29 December 2025, LWC Harley Street
‘Cannot fault the ladies here at all. I felt so so welcome and looked after during the visit and consultation. The nurses were so compassionate and lovely, and I really felt like I was being listened to and understood. Would recommend to anyone looking to start a fertility journey/make some enquiries into their fertility healthxx’
Ellie Brown
19 December 2025, LWC Canterbury
‘Myself and my partners experience with LWC in Canterbury has been AMAZING! They have been so supportive and friendly throughout our whole IVF journey and gave us no stress throughout any part of it. Would very highly recommend as our first round of ISCI IVF worked ’
Mia Summers
19 December 2025, LWC Canterbury
Related Posts
Need more information?
Whether you're ready to take the next step or just want to explore your options, we're here to help.
Contact us