Creating Your Family Through Surrogacy: Legal Shortcomings?

The New York Times featured a fascinating article on third-party reproduction, which occurs when more than two people work together to have a baby.  The article provides the following facts regarding surrogacy:

• The majority of state statutes are silent on surrogacy.
• Approximately ten states expressly allow and impose restrictions on surrogate births. 
• In Michigan, surrogacy is against public policy, surrogacy agreements are unenforceable, and the surrogate mother has a strong case if she decides she wants to keep the babies.
• While professional societies may set surrogacy standards,such as psychological testing of different parties involved, clinics may not adhere to these standards.
• The American Bar Association has developed model legislation that would govern surrogacy.

The article also recounts the story of babies removed from the custody of individuals who obtained the baby through surrogacy and discusses some problems associated with surrogacy, such as identifying the true legal parents when the child is removed from an unfit, intended parent.

For more information, see Stephanie Saul, Building a Baby, With Few Ground Rules, NY Times, Dec. 12, 2009.