Calls for Nationwide Federal Rules to Govern Surrogacy Practices

Advocates argue that the U.S. must adopt federal standards for surrogacy to protect mothers and children, citing inconsistent state laws and troubling cases.

Surrogacy in the United States operates without any overarching federal framework, relying instead on a patchwork of state regulations and individualized legal agreements. With more than 3,000 babies born through the practice annually, the lack of uniform standards leaves surrogate mothers and children vulnerable to conflicting state rules and exploitative contracts. Notable disparities include Nevada's permissive stance toward unmarried couples and California's open residency policy, which has attracted foreign couples seeking U.S. citizenship for their infants.

The article cites distressing incidents, such as a same-sex Canadian couple attempting to pay a surrogate to abort a baby with defects and a separation that sparked prolonged custody disputes. These stories underscore the need for nationwide legislation that defines who may participate, sets compensation limits, and prohibits coercive practices. Federal oversight, the author contends, is essential to safeguard the rights of all parties involved in surrogacy arrangements.