Strict code for surrogate motherhood

A new code of practice unveiled yesterday outlines strict conditions under which infertile couples can use voluntary surrogates to bear them children.

The couples must be married, the surrogate must not be paid and the embryo must be the product of the husband's sperm and wife's egg. The surrogate mother cannot be forced to give up the baby if she changes her mind - despite her lack of genetic connection to the child.

The Council on Human Reproductive Technology's code of practice is not legally enforceable but will become effectively compulsory when a new licence system is introduced for providers of reproductive medicine next year.

The Code of Practice on Reproductive Technology and Embryo Research also says surrogate mothers must be over 21, have a low risk of pregnancy complications and receive extensive counselling. If the surrogate mother is married, her husband is required to give his consent.

Hong Kong law already bans commercial surrogacy, and this is restated in the code. The code makes no reference to payments for surrogates' medical expenses.

Altruistic surrogacy is legal in Britain but barred in most states of Australia. Both commercial and altruistic surrogacy are legal in some states in the US, while the mainland has reportedly banned doctors from helping couples use surrogates.