22 intermediariessuch as surrogacy agencies fertility

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22Intermediaries—such as surrogacy agencies, fertility clinics, health institutions, andmedical tourism companies—are now regularly involved in the surrogacy industry.23Whetherand how these intermediaries are regulated varies considerably between jurisdictions.24Agenciesprovide services including recruiting, assessing, and selecting surrogates; matching intended10Seema Mohapatra,Stateless Babies and Adoption Scams: A Bioethical Analysis of InternationalCommercial Surrogacy, 30 BERKELEYJ.INTLL. 412 (2012).11Id.at 135.12Richard F. Storrow,Surrogacy American Style,inSURROGACY,LAW,ANDHUMANRIGHTS191, 200 (PaulaGerber & Katie O’Byrne, eds., 2015) (citing Diane S. Hinson and Maureen McBrien,Surrogacy Across America,FAMILYADVOCATE32,34(2011)).13Hague Conference Document 2014,supranote 3, at 140.14Id.at 132.15Hague Conference Document 2014,supranote 3, at 130.16Id.17Id.at 136.18Id.at 138.19Id.20Id.21Hague Conference Document 2014,supranote note 3, at 138.22Id.23Id.at 139.24Id.
Surrogacy Law and Policy in the U.S.Columbia Law School Sexuality & Gender Law Clinic (2016)`8parents with surrogates; and putting intended parents in contact with lawyers and hospitals,among other services.25In the U.S., for example, surrogacy agencies are commonly involved inpairing intended parents with surrogates and they are usually independent of medical clinics.26The life circumstances of the surrogate (i.e., her socio-economic status, level of educationetc.) and the relationship she has with the intended parent/s differs significantly depending uponthe country.27For example, in India surrogates are often significantly disadvantaged, and there isnormally very little contact between the surrogate and intended parent/s. However, this is notreflected in the U.S. where there is generally frequent contact between the surrogate and theintended parent/s, including at the matching stage, during the pregnancy, and sometimesfollowing birth.28Similarly, the quality of medical care varies tremendously between countries, and it islikely to be impacted by the level of regulation or self-regulation of the industry.29The vastmajority of concerns that have been reported to the Permanent Bureau of the Hague Conferenceon Private International Law relate to India, Thailand, and Ukraine.30C. U.S. State Law: Overview of Diverging Positions on SurrogacyAcross the fifty U.S. states legal approaches to surrogacy vary widely, from completeprohibition to some of the most permissive approaches in the world. Indeed, as Richard F.Storrow remarks, the U.S. is “a microcosm of the rest of the world, with the whole range ofglobal attitudes towards surrogacy subsumed within its borders.”31Nearly half of the states have some legislation relating to surrogacy.32Some states onlyhave case law governing surrogacy contracts, and some have no regulation at all.33Model lawsintended to bring legal uniformity across the country have had limited success.34Today,however, there is little legislative activity seeking to prohibit surrogacy.35Storrow notes that thelegislative trend

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Term
Fall
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Surrogacy, International Surrogacy Arrangements, Columbia Law School Sexuality Gender Law Clinic

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