Abstract:
It has been a quarter of a century since the first reported decision was
handed down with respect to surrogate motherhood by a common law court.
Since that initial decision Australian jurisdictions and the United Kingdom
have seen a plethora of parliamentary inquiries, legislation and case law.
This article reviews these historical legal developments in case law and
legislation in both Australia and the UK to identify what, if any, trends are
occurring in the regulation of surrogacy. It is suggested from this review that
there is a trend towards recognising and allowing altruistic surrogacy. This
raises issues of practical and theoretical importance in relation to the
definition of family and the regulation of surrogacy.
