NCJ Number
170882
Journal
Trial Volume: 33 Issue: 8 Dated: (August 1997) Pages: 38-42
Date Published
1997
Length
5 pages
Annotation
Recent advances in assisted reproductive technology allow infertile couples to have children through surrogacy, and gestational surrogacy raises a number of legal issues for all parties involved.
Abstract
In gestational surrogacy, intended parents cannot have a child because the intended mother is not capable of carrying a fetus to term. She can, however, produce viable eggs that can be fertilized with the intended father's sperm through medical procedures such as in vitro fertilization. Gestational surrogacy is related to but differs from other forms of surrogacy. In traditional surrogacy, the child is conceived from the carrier's egg and the intended father's sperm. Surrogacy can also involve implementation of an egg or sperm, or a resultant embryo from third-party donors. Gestational surrogacy is often treated like other forms of surrogacy but is unique in that both intended parents and the child are genetically linked. In most gestational surrogacy arrangements, a written agreement outlines rights and responsibilities of intended parents and the carrier. Surrogacy is severely restricted in some States, and a few States have banned surrogacy arrangements altogether. Some States prohibit only arrangements involving payment, while other States permit unpaid surrogacy agreements only if they meet certain conditions. In most gestational surrogacies, the key issue for both sides is whether the carrier will be compensated. Other issues include paying for the carrier's expenses, delineating the carrier's obligations, and identifying a party who will take custody of the child if intended parents die before delivery. Intended parents and the carrier confront many legal issues, and physicians and psychologists have certain responsibilities to fulfill as well. 16 notes and 1 figure