Unfortunate Michigan & New Jersey Surrogacy Cases & the Advantages of the Illinois Gestational Surrogacy Act

Happy New Year! I have great hopes for 2010 and think it is going to be a fortuitous year for people seeking alternative family-building options and the third-party reproduction industry in general.

But, first, I need to discuss two rulings involving gestational surrogacy outside of Illinois and assure intended parents and gestational surrogates alike that, as long as the requirements of the Illinois Gestational Surrogacy Act are satisfied and you work with a reputable agency, similar situations should not occur in this state.

For those of you who haven’t read about these cases in the New York Times or elsewhere, the first took place in Michigan and involves a married couple who, after years of infertility issues, turned to surrogacy. To create their family, they used an egg donor, anonymous sperm donor and found a gestational carrier, who already has four children of her own, to deliver the baby.

A month after the birth of twins, a police officer supervised as the couple was forced to relinquish their infants into the custody of the gestational surrogate who gave birth to them. While the surrogate has no genetic link to the babies, neither do the intended parents and the surrogate was able to obtain a court order to retrieve the infants after learning the intended mother was being treated for mental Illness. While there was a contract, according to the Times article, a statute in Michigan, where the twins were born, holds that surrogacy is contrary to public policy and that agreements are unenforceable.

In a second case, also discussed in the New York Times, a single woman with no children of her own agreed to be a gestational surrogate for her gay brother and his husband, who donated sperm. A New Jersey judge ruled that the surrogate, who gave birth to twins, is their legal mother, even though she is not genetically related to them. In this case, the twins do have a genetic link to one of their fathers, but the court still ruled in favor of the surrogate. The ruling gives the woman the right to seek primary custody of the children at a trial in the spring.

In both cases, these unfortunate situations could have been avoided if the babies were born in Illinois and the requirements of the Illinois Gestational Surrogacy Act were adhered to.

While I won’t list all of them here, some of the most pertinent requirements include: 1) At least one of the gametes (egg or sperm) used in forming the embryo must be contributed by an intended parent; 2) The surrogate cannot also be the egg donor, making her a gestational surrogate. At ConceiveAbilities, our Illinois surrogacy program requires that our gestational surrogates have no genetic link to the child/children; 3) The gestational surrogate must be at least 21 years old and already have at least one child of her own; 4) The intended parent(s) and surrogate must complete a mental health evaluation, and the surrogate must also have a complete medical evaluation; 5) Both the intended parent(s) and surrogate must consult with an attorney regarding the terms of the gestational surrogacy agreement and the potential legal consequences of participating in a surrogacy arrangement.

Lastly and perhaps most importantly, in Illinois, if all requirements of the Act are met and certified by the attorneys representing both the gestational surrogate and intended parent(s), then parentage is established immediately at the time of birth. And, the intended parent(s) names are placed on the birth certificate with no court involvement or subsequent adoption proceedings. – Nazca

Tags: , , , , , , , , , , , , , , , , , , , , , , ,

24 Responses to “Unfortunate Michigan & New Jersey Surrogacy Cases & the Advantages of the Illinois Gestational Surrogacy Act”

  1. Jenn says:

    I found a link to this post on http://www.surroworld.com

    I just saw the surrogate on Dr. Phil an hour ago, I guess it was her second time on and she wanted to defend herself. i think she dug herself a deeper hole.

  2. I wanted to give you thanks for this tremendous blog!! I without a doubt benefited from every portion of it. I have bookmarked your site to research the recent blogs you post. Thanks again!

  3. I was looking for in regards to selecting a family attorney.

  4. 甲骨文 says:

    Hey, nice post, really well written. You should write more about this.

  5. Great article and very interesting blog. That’s one thing I’m really looking for. Looking forward to reading more from you.

  6. Hindi Sms says:

    Hey friend can i publish some part of your article on my small blog of university.I have to publish a good post out there and i do think your post Fits well into it.I will be grateful to give you an source link as well.I have two blogs one my own and the other which is my college blog.I will publish some part in the university blog.Hope you do not mind.Greetings

  7. Interesting article here, enjoyed it

  8. Thank you for such a fantastic blog. Where else could one get this kind of info written in such an insightful way? I have a presentation that I am just now working on, and I have been looking for such information.

  9. Your blog is so informative. keep up the good work!!!!

  10. Hey could I reference some of the content from this entry if I provide a link back to your site?

  11. Thank you for another fantastic blog. Where else could I get this kind of information written in such an incite full way? I have a project that I am just now working on, and I have been looking for such information… Regards…

  12. Thanks for the interesting content!!!

  13. That was a awesome read,You discover something new every day.

  14. you just make me see another perspective on this one.

  15. Wow, I have read your article and, by the way, found you on Google. I think after I read several posts on you site, especially this one I have my own opinion about, I will tell my friends about this one and get a debate going.

  16. CARLTON says:

    CheapTabletsOnline.com. Canadian Health&Care.No prescription online pharmacy.Best quality drugs.Special Internet Prices. No prescription pills. Buy drugs online

    Buy:Viagra Super Active+.Soma.Cialis Super Active+.Cialis Soft Tabs.Levitra.Cialis.Propecia.Super Active ED Pack.Tramadol.VPXL.Cialis Professional.Maxaman.Viagra Super Force.Viagra Soft Tabs.Viagra Professional.Zithromax.Viagra….

  17. BRADLEY says:

    CheapTabletsOnline.Com. Canadian Health&Care.Special Internet Prices.Best quality drugs.No prescription online pharmacy. Online Pharmacy. Buy pills online

    Buy:Female Pink Viagra.Acomplia.Advair.Female Cialis.Wellbutrin SR.Benicar.Aricept.Buspar.Lipitor.Zetia.Lasix.SleepWell.Prozac.Seroquel.Ventolin.Amoxicillin.Nymphomax.Lipothin.Zocor.Cozaar….

  18. I’ll be back again, thanks for the info.

  19. Autodata says:

    Manuals http://pzb.76e.ll1.co : Autodata…


  20. Just wanna comment about this article. After reading this it make me to have new vision about this one important event, hope I can read more great news again from you so I bookmarked your website.

  21. I also had a hard time to conceiving… Very emotional. I found this great book.. its a great read and includes “ancient chinese” infertility therapies to help you have a baby. See the link above.

  22. Thank you for posting this article on law, I’ve spent the last month learning everything I can, but haven’t come across this before.

  23. sukienki says:

    Great articles and nice a website design too :)

  24. top games says:

    xbox 360 games coming soon…

    How many American Imperialist Pigs does it decide to try screw in a light? Three – one to put in the bulb, and a couple to go looking throughout the cartons of inferior American produced light bulbs for starters that isn’t defective….

Leave a Reply