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Yebbut - sort of. Nicola Gamble Associates know what they are talking about, but are also a niche firm with what is almost a campaigning interest in this field.

If the law has leaks in it, then they ought to be caulked, but the law does need to give effect to whatever public policy actually is about surrogacy. It would not be right for public policy to be changed on the fly, - to mix metaphors - smuggled in as a consequence of being a bit over enthusiastic with the caulking tar.

Surrogacy is still a controversial topic in England and Wales. Objectively, what is public policy at the moment? Do we allow it, encourage it, tolerate it or would we rather it didn't happen but have to fit ourselves round some foreign jurisdictions which seem to regard it as just another convenient business opportunity?

And if we do allow it, is the prohibition on payment beyond expenses something public policy still regards as an important principle, or are we just old fashioned?

Tidying up the law should not be an opportunity to hide, ignore, forestall or circumvent debate and decision on what the public policy is that the law should allow, discourage or prevent.