Surrogacy – Legal Risks
Parental rights in the U.S. are traditionally linked to childbirth, so how is the law adapting to the increased use of gestational surrogacy? Yale Law Professor Douglas NeJaime explains how surrogacy is treated under the law as well as some of the unique legal risks of surrogacy for families and surrogates.
Gestational surrogacy is generally legal (notable exceptions include the state of Michigan), however the rights of intentional parents versus genetic parents remain in legal conflict across much of the country. Prof NeJaime explains how from pregnancy, to birth, and even years after a child is born, families using surrogates can face legal obstacles to establishing and retaining their parental rights.
NeJaime goes on to explore how state laws treat surrogates. What rights does a gestational surrogate have over a pregnancy when she is not the intended parent and the child shares none of her genetic material? What happens when questions of health or even termination are raised? The professor explains how some states have passed new laws to ensure that surrogates retain full control of decisions that impact their health and welfare despite any provisions of a surrogacy agreement to the contrary.
