ABSTRACT

This chapter considers the regulatory approach to surrogacy in the UK and some of the pitfalls of this model in the modern day. It starts by briefly looking at how we got to where we are, and why. The chapter looks at potential models of regulation from other jurisdictions notably Greece and Israel. The Greek regulatory model for surrogacy has provided a complete response to issues concerning the relationship of the parties to a surrogacy arrangement, issues of payments and legal parentage of the surrogate-born child, and its legal stipulations have been poorly explored by the international literature. The Israeli surrogacy law is unique, not only because it provides such a complete response to surrogacy and its provisions are also in line with the particular cultural and halakhic traditions of Israel. The chapter also explains about legal problems in the cross-border surrogacy not only for potential parents, but also for the children born to surrogates overseas.