72 see american society for reproductive medicine

This preview shows page 17 - 19 out of 32 pages.

72 See American Society for Reproductive Medicine & Society for Assisted Reproduc- tive Technology, Recommendations for practices utilizing gestational carriers: an ASRM Practice 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 CARE in the United States than in India. In other words, the obstetrician can provide pre-natal care for the surrogate without considering the desires or needs of the intended parents in situations where those interests may con- flict. For example, when the surrogate's health may be jeopardized by carrying 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, states that lawyers can undertake legal representation in surrogacy contracts only when the surrogate has independent legal representation. 76 The ASRM guidelines on surrogacy also mandate that fertility specialists work with surrogates only if both the intended parents and surrogates have legal representation. 77 Finally, the websites of surrogacy matching agencies also state that the intended parents must pay for a surrogate's lawyers. 78 Matching entities vet women who want to become surrogates. They often provide compensation guidelines. 79 One agency that operates in two unregulated states-Oregon and Colorado-indicates on its website that intended parents must: (1) provide life insurance if the surrogates do not 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's medical and psychological screening; and (5) in some cases, pay for a surrogate's lost wages, childcare, and housekeeping. 80 We do not observe systematic problems in gestational care markets in the United States. Industry actors have developed customary norms and standards that provide basic rights and protections to surrogates. In- dustry standards require intended parents (among other things) to provide 76 American Academy of Adoption Attorney & American Academy of Assistive Repro- ductive Attorneys, Academy Code of Ethics § 16(a) ("No Fellow may represent any Party in an ART Matter in which the Surrogate or Donor does not have legal representation, except in an uncontested Process to Establish Parentage in which no conflict of interest exists or is likely to arise among the Parties to that proceeding, or except where good faith efforts have been made 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 committee opinion, 107 FERTILITY & STi~n.rrY e3, e6 (2017).

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture