ABSTRACT
It was moral panic over the "Baby Cotton" affair in January 1985 which led to legislation (the Surrogacy Arrangements Act 1985) and this, as amplified in 1990, remains the framework of surrogacy law today. The Brazier Report, looking back to 1985, believes it was thought that surrogacy would "largely disappear", that it would "wither on the vine". This has not happened, and, although accurate statistics are difficult to calculate, it has to be assumed that the number of surrogacy arrangements and births is on the increase. Brazier recommendations relate to three matters: payments to surrogates; the regulation of surrogacy; and, new legislation to replace the 1985 Act and s.30 of the 1990 Act, tightening up the provisions of these Acts and providing for a new Code of Practice. Brazier recommends that parental orders should be obtained only in the High Court to ensure "the effective 'approval' of a surrogacy arrangement is given by judges of the highest experience".
