Surrogate pregnancy: ethical and medico‐legal issues in modern obstetrics

Abstract

Key content This comprehensive literature review of the medico‐legal challenges of surrogacy in modern obstetrics, highlights recent changes in UK law, the limited guidelines and legislation available, and the legal requirements for parenthood and parental rights. UK legislation involving surrogacy and the medico‐legal definition of parenthood is reviewed. There is new UK surrogacy legislation affecting the parental order qualification, indicating that obstetricians will see more surrogate cases in the immediate future. Conflicts can arise when surrogacy agreements are broken, since they are lawful but legally unenforceable in the UK. There are ethical and legal dilemmas for healthcare professionals in managing surrogate pregnancies in the absence of professional guidance, and as a result the authors of this review introduced a practical guide and pro forma. Learning objectives To explain current legislation surrounding surrogacy in the UK. To discuss ethical and moral concerns regarding the practice of surrogacy. To apply medico‐legal principles in the management of surrogate pregnancy. Ethical issues The exploitation versus empowerment and autonomy of women participating in surrogacy. The commodification of reproduction through surrogacy. The validity of consent with the possible presence of emotional or financial coercion, and the unpredictability of outcomes in surrogacy arrangements.