Monday, December 14, 2009
A front-page article in the Sunday December 13 issue of the New York Times highlighted various problems that have been created by the lack or regulation of surrogacy. Some states, like Texas, provide regulations for what needs to be done to create an enforceable surrogacy agreement. Most states do not. So, it is not uncommon for parties to make surrogacy arrangements in situations that seem more likely to lead to problems. The Times article refers to cases when, for example, the mental health of the intended parents had not ben tested. Problems are also common when the surrogate has not given birth before. In many states surrogacy agreements are not legallly enforceable, so when the surrogate and the intended parents get into a dispute about who should have custody of the child, litigation is common.