Source The Conversation
When it comes to the controversial issue of surrogate motherhood – and, in particular, payment for such services – the law in the UK needs to be reviewed. So says Sir James Munby, the most senior judge in the Family Division in England and Wales until his retirement in 2017.
Many others including myself have been arguing this for years. It is a commonly held view – often repeated in the media – that commercial surrogate motherhood is illegal and that payment to a surrogate mother is a criminal offence. This is not the case.
Under the Surrogacy Arrangements Act (1985), it is not illegal for a couple to pay a surrogate to carry a baby for them and it is not illegal for the mother to accept payment. However, it is illegal for any other person to take or offer money in relation to surrogate motherhood.