New York Times Examines Changes In Surrogacy Process In Recent Years

Main Category: Pregnancy / Obstetrics
Also Included In: Litigation / Medical Malpractice
Article Date: 23 Jul 2009 - 6:00 PDT

email to a friend   printer friendly   opinions  

The medical, legal and interpersonal processes involved with a surrogate birth have changed significantly since the controversial "Baby M" case two decades ago, the New York Times reports. In the case, the surrogate was the infant's biological mother and unsuccessfully sought custody of the child after birth. The Times reports that the legal proceedings in the case helped reinforce the validity of surrogacy contracts, which are now standard practice.

Most couples today use a gestational surrogate -- meaning that they have no genetic link to the woman carrying the fetus -- and some choose to maintain friendships with the surrogate after birth. According to the Times, people might choose gestational surrogacy if the woman lacks a uterus, has a malformed uterus, must take medication incompatible with pregnancy, or has had repeated miscarriages or failures at in vitro pregnancies. Male couples or single men might also use this option.

Legal protections have strengthened since the Baby M case, although surrogacy remains illegal in some states. State laws also vary in the steps required to ensure that the parents' names, rather than the surrogate's, are on the child's birth certificate.

Despite an increase in popularity, surrogacy remains "fraught with controversy" over criticisms that compensation to surrogates amounts to "baby selling" and exploitation of low-income women, according to the Times. However, surrogacy advocates say that most women who choose to become surrogates have altruistic motives. Surrogates typically receive between $15,000 and $20,000 as compensation for carrying the pregnancy and undergoing hormonal preparations. The Times reports that reputable agencies and lawyers who specialize in surrogacy help guard against exploitation and spurious motives for seeking a surrogate pregnancy. Prospective surrogates and parents typically undergo psychological screening and legal guidance, and most lawyers require that surrogates meet certain age and health criteria (Brody, New York Times, 7/21).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

© 2009 The Advisory Board Company. All rights reserved.

• Additional
• References
• Citations