A surge in stateless infants and instability in foreign surrogacy agencies has prompted Growing Families International Advisory Board to hold an emergency summit in London on 10th May. The meeting will gather UK and European fertility lawyers to discuss the legal and ethical implications of unregulated surrogacy practices. It precedes Growing Families’ Annual UK/EU Seminar, which aims to educate intended parents on best practices in surrogacy.
The summit responds to a complex global landscape. International bans on surrogacy are raising concerns about broader human rights restrictions. In the UK, demand for donor eggs and surrogacy is growing amid a poorly regulated system and limited access to well-screened donors and surrogates. The Office for National Statistics projects that women in England and Wales, increasingly delaying childbirth, will likely have only one child by age 35, fuelling demand for assisted reproduction.
Without clear regulations, many UK couples become “reproductive refugees”, seeking services abroad. The UK government has yet to act on recommendations from a surrogacy review by the UK and Scottish Law Commissions, leaving infertile couples vulnerable to unscrupulous operators in Eastern Europe offering inadequate protections.
Key legal developments in Europe
- Scotland is debating a potential surrogacy ban, with a motion in the Scottish Parliament citing ethical, legal, and human rights concerns.
- Spain’s Supreme Court recently reaffirmed that surrogacy contracts, even those conducted abroad, are invalid, with the government planning to close registration loopholes.
- Ireland has banned commercial surrogacy domestically and internationally, while Italy classifies it as a universal crime.
- Denmark, conversely, now recognises surrogacy, allowing immediate parentage recognition.
Efforts to reach an international agreement on surrogacy recognition through a Hague Convention have stalled due to polarised views among European nations. Growing Families’ summit aims to address these challenges, inviting policymakers, legal experts, and intended parents to collaborate on solutions.
Key participants
- Natalie Gamble, a leading UK surrogacy lawyer at NGA Law and Growing Families Advisory Board member, known for pioneering fertility law and advocating for same-sex parents.
- Nino Bogveradze, a surrogacy lawyer from Kordzadze Law Office in Georgia, with over 20 years of experience in international cases.
- Ana Miramontes, a Spanish family law attorney at Ancora Abogados, specialising in assisted reproduction.
- Fabiana Quaini, an international family law attorney from Argentina, recognised for cross-border family matters.
- Santiago Martinez, managing partner at Martínez Guardiola in Colombia, supporting surrogates through the Cigueña Foundation.
Fertility experts such as Dr Melvin Thornton, Medical Director at Global Fertility & Genetics, and Dr Vasanti Jadva, professor of family psychology at City St George’s, University of London, will also contribute. Anastasia Polonska, IP support manager at Silk Medical in Georgia, and Naia Adamia, CEO of Be Parent Surrogacy, will share insights from their work in Georgia and Cyprus.
Kim Cotton, founder of Childlessness Overcome Through Surrogacy (COTS), will represent the UK’s surrogacy community. As the UK’s first surrogate mother in 1985, Cotton’s work led to the 1985 Surrogacy Act and the creation of COTS, which has facilitated over 1,140 surrogate births.
Professor Francoise Shenfield, a clinical lecturer at University College London and coordinator at the European Society for Human Reproduction and Embryology, will present an ESHRE position paper on surrogacy’s ethical dimensions.
Growing Families, an independent support organisation, emphasises education over commercial interests, distinguishing itself from fertility expos. The organisation aims to create a safer, more supportive environment for families navigating surrogacy.
Journalist Alev Scott, researching the global fertility market, notes Cyprus’s appeal for UK intended parents, particularly same-sex couples and single men, due to its flexible laws. However, she stresses the importance of hiring competent local lawyers to navigate complex regulations.
