
Tracy Gilbert, Member of Parliament for Edinburgh North and Leith, has today (Friday 4 September 2026) raised concerns over a lack of consistent guidance for midwives across Scotland caring for surrogate mothers and babies.
Through Freedom of Information requests the Edinburgh North and Leith MP has uncovered serious gaps in vital guidance for midwives and wider clinical teams when supporting births where a surrogacy arrangement is in place.
Tracy Gilbert’s FOI requests to all of Scotland’s NHS Boards found that only NHS Ayrshire & Arran and NHS Fife have active guidance in place for midwives and clinical teams on the care and treatment of surrogate mothers and babies.
Of the remaining NHS Boards:
- Five have no policy at all
- Four have a policy where the review is overdue
- One has a policy currently in draft form
- One referred to Department of Health and Social Care guidance
The Edinburgh North and Leith MP raised the issue during a debate on the Infants, Parents and Carers Bill in the House of Commons, warning that midwives and maternity teams should not be left to navigate these legal, clinical and safeguarding issues without clear and up-to-date guidance.
Tracy warned that the lack of consistent guidance could leave maternity staff without the information they need to ensure surrogate mothers and babies receive the best possible care.

Speaking after raising the issue in Parliament, Tracy Gilbert MP said: “Every mother and baby deserves the very best care with their needs put first in all decisions. However, I have exposed worrying gaps in the guidance available in some areas of the country for staff caring for families involved in surrogacy.
In many cases midwives will come across no or very few surrogacy cases in their careers; up-to-date guidance is therefore even more essential so that those midwives have access to the support and signposting that they need.
“The Scottish Government should now make sure that health boards across Scotland have this important guidance in place.”
An overview of the findings of the FOIs across health boards is as follows:
| NHS Ayrshire and Arran | Policy in place Dec 2025, due for review in Dec 2028 |
| NHS Borders | Policy in place March 2022, Review overdue (March 2025) |
| NHS Dumfries and Galloway | Refer to Department for Health and Social Care guidance |
| NHS Fife | First policy effective from May 2026, to be reviewed May 2029 |
| NHs Forth Valley – First guidance | April 2015, reviewed October 2021, review overdue (October 2024) |
| NHS Grampian | No guidance |
| NHS Greater Glasgow and Clyde | No guidance |
| NHS Highlands | Guidance in draft |
| NHS Lothian | Guidance in place Feb 2022, review overdue (Jan 2023) |
| NHS Orkney | No guidance |
| NHS Shetland | No policy |
| NHS Tayside | Policy put in place Jan 2019, review overdue (Aug 2025) |
| NHS Western Isles | No guidance |






















