Surrogacy Laws: Different in Every State

A well-written and researched piece by Gina Barton of the Milwaukee Journal Sentinel ("Surrogacy laws vary by state" August 7, 2012) includes a discussion about the development of a "model act" to make surrogacy laws more comprehensive and universal. As it stands today, they are different everywhere and rulings are often made on a case-by-case basis. 

The entire article appears here but the description of the proposed model act is especially interesting:
http://www.jsonline.com/features/health/surrogacy-laws-vary-by-state-co65rvg-165348756.html

The bold type on the quote below is our emphasis and not in the original article.  It is so eloquently expressed we felt it deserved special attention.

"And some judges here have allowed the names of those who hired the surrogate to be placed on the birth certificate without requiring her to give up parental rights as part of an adoption or other legal proceeding, Brisman said.
But other judges have not, according to attorney Steven Snyder, chair of the American Bar Association's committee on assisted reproductive technologies. While Wisconsin law includes a mechanism for determining paternity through DNA testing, there is not a similar statute to establish maternity, he said. The law here assumes the woman who gives birth is the mother. Attorneys who believe otherwise must make their arguments in court.

"The laws were based on a universe where the only way to have children was the old-fashioned way," Snyder said. "We have a rainbow of alternatives today in how to get pregnant and how to have a child, and the laws have not kept up."

That leaves most of the legal issues surrounding surrogacy up to each judge.
To reduce the likelihood of problems, the bar association drafted a model act governing assisted reproductive technology. The model act, approved by the association in 2008, covers everything from who can donate eggs to what happens to embryos in the event of a death or divorce. It is gender neutral and applies to heterosexual couples, gay couples and single people.
For surrogacy, the model act mandates safeguards such as medical insurance and mental health evaluations. It lists requirements for both the surrogate and for those hiring her. Surrogates, for example, must be at least 21 years old and must have given birth to at least one child. Those who want to hire one must be unable to safely carry their own children."

Learn more about surrogacy and review a variety of resources at www.westcoastsurrogacy.com

© 2012, Journal Sentinel Inc. All rights reserved.