No primrose path. Surrogacy and the role of the criminal law

The author briefly describes surrogacy and what is known and remains unknown about the surrogacy procedure. The article considers the recommendations in relation to surrogacy contained in the United Kingdom and Australian Reports on artificial conception. The article then considers the Surrogacy Arrangements Act 1985 (U.K.) and its interpretation in two subsequent cases. The author proposes that the present tendency of criminalising associated practices rather than surrogacy itself is questionable and an over-reaction to the procedure. The tendency of using contract law in relation to surrogacy is also questioned. The author finally points out that some reports and authors have suggested that there may be a good case for government regulation of the procedures of surrogacy.