43Prosecutions and enforcement of certain surrogacy arrangements

### 43 Prosecutions and enforcement of certain surrogacy arrangements > > (1)  [Section 10](#GS10@EN) applies in relation to a surrogacy arrangement (other than a commercial surrogacy arrangement) made before the commencement of this section even though the arrangement was, under the [Surrogacy Contracts Act 1993](/view/html/inforce/2026-04-12/act-1993-004) , illegal and void. > > > (2)  A person is not liable to be prosecuted for an offence against the [Surrogacy Contracts Act 1993](/view/html/inforce/2026-04-12/act-1993-004) , other than an offence for which the person could have, under this Act, been found guilty, if this Act had been in force at the relevant time.