Anticipating Exploitation: Forced Surrogacy
Forced surrogacy is an emerging and poorly understood form of reproductive exploitation. There is evidence that some surrogacy arrangements can involve force, coercion, deception or the abuse of vulnerability that may amount to modern slavery or human trafficking. This Spotlight focuses specifically on these exploitative situations, where a person cannot freely give, refuse or withdraw consent, and considers why the UK should act now to strengthen its response.
Potential cases have already been identified in the UK. In 2023, the Modern Slavery and Exploitation Helpline identified three potential victims of forced surrogacy, representing the first publicly reported UK cases.
The UK may not currently be equipped to identify the scale of the problem. Forced surrogacy is not separately recorded within National Referral Mechanism (NRM) statistics, there are no published estimates of its prevalence, and there is limited specific guidance or training for frontline professionals. A lack of recorded cases therefore does not necessarily mean exploitation is not occurring.
International evidence demonstrates how exploitation can occur. Investigations in several countries have identified cases where surrogacy and fertility markets have intersected with alleged human trafficking, organised criminality, deceptive recruitment and the abuse of vulnerable women. Poverty, economic inequality, conflict and displacement can increase vulnerability to such exploitation.
The UK's exposure to international surrogacy is increasing. More UK residents are entering surrogacy arrangements overseas and across a growing range of countries with different legal, regulatory and safeguarding frameworks. This is not evidence of exploitation, but it increases the likelihood that UK authorities will encounter complex cross-border cases where concerns about coercion or exploitation may arise.
Conflict may increase the risk of exploitation. Ukraine is particularly relevant as a major international surrogacy destination continuing to operate in the context of war, displacement and economic insecurity. These are recognised drivers of vulnerability to trafficking and exploitation. In 2022, when the conflict escalated, Ukraine was the second most common overseas surrogacy destination for UK parental order applications, after the United States. By 2025, it remained among the top four destinations, with applications involving Ukraine increasing by 25% between 2024 and 2025.
Other countries and international organisations are recognising the threat. In 2024, the European Union amended its Anti-Trafficking Directive to explicitly recognise the exploitation of surrogacy as a form of exploitation within human trafficking. Eurojust, Europol and United Nations experts have also raised concerns about trafficking, coercion and abuse of vulnerability within some cross-border reproductive arrangements.
This reflects the Commissioner's own assessment of future threats. The Independent Anti-Slavery Commissioner's Anticipating Exploitation: A Futures Analysis, an assessment of emerging risks, drivers and forms of exploitation through insights from over 50 stakeholders and futures-based research, identified reproductive exploitation, including forced or coerced surrogacy, as an emerging threat. It also identified trends that could increase the risk over the next decade, including conflict and displacement, economic inequality, demographic change, advances in reproductive technology and increasingly transnational forms of exploitation.
There are gaps in the UK's current response. There is no specific legal or policy framework addressing forced surrogacy as a form of exploitation. Existing modern slavery, trafficking and other criminal offences may apply, but there is 3 limited operational guidance on how these laws should be used or how Anticipating Exploitation Spotlight Series healthcare professionals, fertility services, police, prosecutors, border officials and safeguarding agencies should respond.
The Government should conduct a review of the UK’s response to forced surrogacy. Potential cases have already been identified in the UK, international recognition of the threat is growing, and the conditions that could increase the risk are developing. A review should consider whether existing legislation and policy are adequate to respond to this threat: including the need for frontline guidance and training; safeguarding and victim support; NRM data and intelligence; the criminal justice response; and cross-border risks.
Read the full report here.