Surrogate Motherhood is when one women carries to term
the fertilized egg of another woman. This procedure is chosen by married couples who can not conceive a child in the "natural way". In some occasions the mother may be able to produce an egg, but has no womb or some other physical problem which
prevents her from carrying a child. Whether or not the husband can produce a large amount of sperm is not a problem. Once the egg and sperm are combined in a petri dish fertilization is very likely to occur. The couple will then choose a surrogate
mother and make an agreement in which she will carry the baby and release it to the genetic parents after the birth. There are four different kinds of surrogacy arrangements. Total
Surrogacy is when the woman bears a child that has been formed from the gametes of another woman and man and implanted in her body. Partial Surrogacy occurs when the birth mother
contributes the ovum and the sperm is introduced by artificial insemination. She is a biological parent of the child. Commercial Surrogacy means a business-like transaction where a fee is
charged for the incubation period. Lastly, there is a
Non-Commercial Surrogacy in which there is no formal contract or any payment to the birth mother. It is usually an arrangement between close friends or family members.(1-10)
There is no federal policy on the issue of surrogacy, all fifty states have been left to decide theses issues themselves and create their own policies. The majority of the states have not yet legislated on this subject. Those states that have taken positions differ greatly from one another, such as California and Virginia, who have taken opposing viewpoints California is the state that is the most sympathetic to the genetic parents. Under California law surrogacy agreements are enforceable
and the genetic parents are given all legal parental rights to the child. In Virginia, all legal parental rights to the child...
Cited: Centre Points, Volume 1, No. 1, Article #2, Surrogate
Motherhood and its Human Costs, Suzanne Rozell Scorsone,
Johnson v. Calvert, 5 Cal. 4th 84, 851p.2d 776, 19 Cal.
Rptr. 2d 494 (1993); 1-10
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