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Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Parental Rights From: ainsron (ainsron@sbcglobal.net) Tue Jan 4 16:37:37 2005 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Robert J. Carpenter, Jr. MD: "Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Pa..." Previous message: art fougner, md: "Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Pa..." In reply to: David Priver, MD: "Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Parental Rights" I have taken care of quite a few gestational surrogates over the past five years and generally have no problem with the issue, except for the financial costs to you and I. Generally the surrogates I have taken care of are covered by their own insurance or Medi-Cal. As far as I am concerned that is fraudulent, as the covered pregnancy is not in fact that of the mother, but of the biological parents. If they can afford the costs of paying for the surrogate and reproductive options necessary to reach conception, they also should be financially responsible for the costs of the pregnancy - not society or the mother's medical insurance. Ronald E. Ainsworth -----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of dean@thehuffpeople.net Sent: Tuesday, January 04, 2005 9:53 AM To: Multiple recipients of list OB-GYN-L Subject: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Parental Rights .. [Posted by Dean Huffman] Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Parental Rights http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=27458 Illinois on Saturday enacted legislation (HB 4962) to regulate gestational surrogacy, creating the "most liberal and comprehensive law of its kind" in the United States, the Chicago Tribune reports. A gestational surrogate is a woman who agrees to carry to term a fetus -- created in a test tube without any of the surrogate's genetic material -- for another woman or couple who cannot conceive, usually because of fertility problems. Although 20 states have regulations for surrogacy, many are "vague" about parental rights because of the moral and legal difficulties associated with the issue, according to the Tribune. The new law, known as the Gestational Surrogacy Act, clarifies that the intended parents in the arrangement - and not the woman who carries the fetus -- are considered the legal parents upon the infant's birth and are responsible for making medical decisions for the infant immediately. The legislation eliminates the need for the intended parents to seek parental rights through a court petition or adoption, both of which are common practices in other states, according to Chicago attorney Nidhi Desai, the Tribune reports. "The idea was to clarify who has responsibility for a child born through this process and prevent a kid from being bounced around in court proceedings," state Rep. Barbara Flynn Curie (D), who co-sponsored the legislation, said. However, the new law stipulates that the surrogate maintains bodily authority during the pregnancy and therefore retains the right to choose to terminate the pregnancy and cannot be forced to undergo medical procedures during the pregnancy, according to the Tribune. The Organization of Parents Through Surrogacy estimates that about 1,000 infants are born each year in the United States through surrogacy. Law Details The law -- which was passed unanimously in the state Legislature last year -- expands on 1999 legislation in several ways: * The law legalizes payments to gestational surrogates for undergoing pregnancy and birth. Critics argue that fees equate the process to "baby-buying," but supporters say the women deserve reimbursement for their time and services, according to the Tribune. A gestational surrogate in Illinois typically costs $20,000 to $25,000, according to Mary Ellen McLaughlin, a partner at Alternative Reproductive Resources. * The law allows for enforceable surrogacy contracts between involved parties and defines requirements for the contracts. Virginia is the only other state that enforces surrogacy contracts. * The law requires that the intended parents demonstrate a medical need for using a gestational surrogate, such as infertility. The couple must also provide either the sperm or the egg that will conceive the fetus. Intended parents may include single individuals, married couples or unmarried couples of any sexual orientation, according to the Tribune. * The gestational surrogate must meet several requirements to qualify: she must be 21; she must have previously given birth to at least one child; she must undergo medical and mental health evaluations; and she must have health insurance that covers the length of the pregnancy. * The law also does not specify residency requirements. This could make the state a "magnet" for such arrangements, according to Joseph Gitlin, a lawyer and former chair of the American Bar Association's committee on genetics and reproduction. Reaction Opponents of surrogacy include the Roman Catholic Church -- which considers this form of reproduction "unnatural" -- as well as some ethicists with "deep reservations," the Tribune reports. George Annas -- chair of the department of Health Law, Bioethics & Human Rights at Boston University -- said the new Illinois law discounts the "contribution" of a woman who undergoes pregnancy and childbirth. "I think it's a terrible public policy," he said, adding that motherhood could become an "entirely commercial transaction," according to the Tribune. However, supporters of the law argue that surrogacy arrangements already are being made, and legislators should attempt to regulate them, not ignore them. Steven Litz, a lawyer who runs an Indiana surrogacy agency, called the new law "extraordinary" in its scope. "Surrogacy doesn't come with guarantees anywhere in the nation now, except Illinois," he said (Graham, Chicago Tribune). Next message: Robert J. Carpenter, Jr. MD: "Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Pa..." Previous message: art fougner, md: "Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Pa..." In reply to: David Priver, MD: "Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Parental Rights"

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