WASHINGTON STATE MAY BE ON BOARD WITH SURROGACY – Have they gone far enough

In Washington State a critical step was taken toward legalizing paid surrogacy. While I applaud this most important step, I think that the rules as proposed do not go far enough.

The motivation behind the bill’s passage was that people seeking surrogacy could travel to other states and therefore the only people really hurt were those who could not afford to go out of state. In formalizing this sentiment, and allowing paid surrogacy, certain conditions were placed on the proposed surrogacy agreements; mental and physical health screenings, a requirement that  surrogates must have already given birth to a child and various other conditions.

However, to the extent possible, there should be as much certitude as possible put into the surrogacy protocols. Accordingly, the mental health screenings should be done for both the surrogate and the intended parents at the time the surrogacy agreement is entered into-not after the birth. Similarly, the agreement signed by the surrogate to relinquish any and all rights regarding children born as a result of the surrogacy agreement should be signed before the IVF cycle commences and should be irrevocable.

While legalizing paid surrogacy is an important step, it should be done with an eye toward ensuring that the various parties to the deal-the intended parents and the surrogate are able to proceed with as few “maybes” as possible.

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