Did you know that surrogacy isn't legal in some states? California, for example, is supposedly a surrogacy friendly state; Michigan is not.
This doesn't mean that you can't hire a surrogate mother in Michigan, but it does means that if a dispute over custody arises after the baby is born, the court won't uphold the surrogacy agreement.
And that can be a very sad thing.
The New York Times just ran an article about several complicated cases of surrogacy. In one, a woman and her husband, hired a surrogate and paid for all medical expenses. In July, they became the proud parents of twins. But just a month later, police went to their home and took the babies away under a court order obtained by the surrogate, who plans to raise them herself. According to the New York Times article, she doesn't think that the woman, who suffers from what her husband called "paranoid schizophrenia" at a guardianship hearing, would be a good mom (her doctors say otherwise).
While the Kehoes think the babies are legally theirs, they recently decided to give up the fight to get them back saying that Michigan laws are against them (all surrogacy contracts are void and unenforceable).
Do you think surrogacy contracts should always be enforced?
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