Essay on Should Surrogate Motherhood Be Allowed?

1017 Words Jul 26th, 2002 5 Pages
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Essay Sample: Page 2
Calvert, in Virginia, the surrogate mother

was found to be the legal mother of the child. If this case

would have taken place in California, the biological mother is

the legal mother. So it really depends on which state the act of

surrogacy is taking place to name the legal mother. Are

contracts for surrogate motherhood enforceable under

American law? Again, it depends on which state the act is taking

place. In California, surrogacy agreements are against the

surrogate mother. in Virginia, surrogacy agreements are void

and unenforceable. Thus, so far, among those states that have

legislated on the issue, many are legislating that these

agreements are void and unenforceable in order to try to deter

couples and surrogates from entering into agreements.(1-2)

Surrogate arrangements are made usually through close

friends or relatives of the childless couple. However, the

practice of commercial surrogacy has increased greatly during

the last decade. Many major cities have surrogate agencies that

maintain lists of potential surrogate mothers and help match

these with couples wanting to have a baby. These agencies are

often run by doctors or lawyers and may be found through

listings in telephone books. Commercial surrogate agencies

typically charge a fee of $10,000 or more to make the

arrangements, which is in addition to the surrogate mother's

expenses and fees. These agencies are not legal in all states.

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