Contract Pregnancies Exposed Part 2

Jennifer Lahl

Perhaps the most effective argument against surrogacy agreements is the language of the contracts themselves. Have you ever read a surrogacy contract?

I have. Quite a few, in fact, many drawn up in my state of California. California is one of our country’s most surrogacy-friendly states. A surrogacy-friendly state is one that allows commercial contracts, does not limit payment to a surrogate mother, and ensures that the intended parents will be the legal parents of the child, protecting intended parents from a surrogate mother’s changing her mind and not relinquishing the child once born.

I believe that all surrogacy should be prohibited, not simply regulated. Laws, regulations, and contracts cannot ever protect women and children from all of its many harms. The typical surrogacy contracts that I will analyze below demonstrate clearly that regulations and contracts do not protect women and children. Instead, they facilitate their use as mere commodities—just another collection of products, goods, and services to be exchanged.

What’s in a Typical Surrogacy Contract?

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