Should Surrogacy be Legal?


eggs in a nestDid 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?

Related posts:

Baby Mama Surrogate Finder Application on iPhone

How Far Would You go to Have a Baby?


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toria... toriandgrace

Aw, I hate when my home state does terrible things. I do think surrogacy contracts should be treats similar to adoption contracts. That poor family.

nonmember avatar Jan

PLEASE correct your article, she does NOT have paranoid schizophrenia. She has an "unspecified" condition that once involved some paranoid *behavior*. This is slanderous and incorrect.

lucky... luckymomma08

aw, i think it should be legal.

i.hea... i.heart.rachel

I think surrogacy contracts should be enforced unless something changes.. like in the middle of the pregnancy when I was a surrogate. The IF changed his mind and decided he didn't want the baby. BECAUSE of the surrogacy contract, I wasn't able to keep the baby. I had to find an adoptive family. So instead of the baby being with at least one of her biological parents, she is now with an adoptive family because of his selfish decisions.

pinkc... pinkcicle709

I absolutely think the contracts should be valid in EVERY state. Most fertility centers will not work with TRADITIONAL surrogates. (Surrogates eggs, someone elses sperm_ because its hard to say that a woman has no rights to a child when it is genetically related. But in the cases of GESTATIONAL surrogacy there is no genetic ties to that child- its fully belongs to other people & the laws should see that.

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