72 See American Society for Reproductive Medicine & Society for Assisted Reproduc-tive Technology, Recommendations for practices utilizing gestational carriers: an ASRMPractice Committee guideline, 97 FERTIrrY & STERurrY 1301 (2012).73 E-mail from Surrogacy Lawyer in Massachusetts (Sept. 6, 2017) (on file with author).74 Id.75 Id.
REGULATING MARKETS FOR GESTATIONAL CAREin the United States than in India. In other words, the obstetrician canprovide pre-natal care for the surrogate without considering the desires orneeds of the intended parents in situations where those interests may con-flict. For example, when the surrogate's health may be jeopardized bycarrying the pregnancy to term.Industry standards require that a surrogate be represented by a law-yer. The code of ethics of the American Academy of Assisted Reproduc-tive Technology Attorneys, a voluntary organization of lawyers, statesthat lawyers can undertake legal representation in surrogacy contractsonly when the surrogate has independent legal representation.76 TheASRM guidelines on surrogacy also mandate that fertility specialistswork with surrogates only if both the intended parents and surrogateshave legal representation.77 Finally, the websites of surrogacy matchingagencies also state that the intended parents must pay for a surrogate'slawyers.78Matching entities vet women who want to become surrogates. Theyoften provide compensation guidelines.79 One agency that operates intwo unregulated states-Oregon and Colorado-indicates on its websitethat intended parents must: (1) provide life insurance if the surrogates donot have it; (2) give monthly compensation to surrogates; (3) pay surro-gates a fee at the time of the embryo transfer; (4) pay for a surrogate'smedical and psychological screening; and (5) in some cases, pay for asurrogate's lost wages, childcare, and housekeeping.80We do not observe systematic problems in gestational care marketsin the United States. Industry actors have developed customary normsand standards that provide basic rights and protections to surrogates. In-dustry standards require intended parents (among other things) to provide76 American Academy of Adoption Attorney & American Academy of Assistive Repro-ductive Attorneys, Academy Code of Ethics § 16(a) ("No Fellow may represent any Party inan ART Matter in which the Surrogate or Donor does not have legal representation, except inan uncontested Process to Establish Parentage in which no conflict of interest exists or is likelyto arise among the Parties to that proceeding, or except where good faith efforts have beenmade to ensure such representation without success").77 See American Society for Reproductive Medicine & Society for Assisted Reproduc-tive Technology, Recommendations for practices utilizing gestational carriers: a committeeopinion, 107 FERTILITY & STi~n.rrY e3, e6 (2017).