This article offers a legal-ethical analysis of recent UK and Dutch proposals to regulate surrogacy proactively through a national system of pre-conception authorization of surrogacy agreements. Within such a system, authorities are already before conception called upon to examine and assess contractual arrangements between the intending parents and the prospective surrogate mother. This regulatory approach is presented by its advocates as a win-win for all parties involved; as bringing family law in line with the changed social reality of creating families; and as maintaining a non-permissive approach toward commercial surrogacy. In this article, we critically examine these claims. Our analysis suggests that the proposed systems may result in the facilitation of surrogacy practices with commercial, commodifying and exploitative dimensions. Moreover, although these frameworks are presented as merely regulating something that is already taking place, they silently introduce a radically new and, as we shall argue, highly problematic legal-ethical approach to surrogacy.

本文对英国和荷兰最近提出的通过代孕协议的孕前授权国家系统主动规范代孕的提案进行了法律伦理分析。在这样的系统中，当局在受孕之前就已经被要求检查和评估准父母与准代孕母亲之间的合同安排。这种监管方法被其倡导者认为是双赢的对于所有相关方；使家庭法与创建家庭的变化的社会现实保持一致；并保持对商业代孕的非宽容态度。在本文中，我们批判性地审查了这些主张。我们的分析表明，拟议的系统可能会促进具有商业、商品化和剥削性维度的代孕实践。此外，尽管这些框架被呈现为仅仅规范已经发生的事情，但它们默默地引入了一种全新的，正如我们将要争论的，代孕的法律伦理方法非常有问题。