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17 Appalachian J.L. 89 (2017-2018)
Gestational Surrogacy Agreements Is Failing to Protect American Women, Men, Children, & the Judiciary

handle is hein.journals/appalwj17 and id is 95 raw text is: GESTATIONAL SURROGACY AGREEMENTS IS FAILING TO PROTECT AMERICAN WOMEN, MEN, CHILDREN, & THE JUDICIARY Stephanie A. Mattoxt I. INTRODUCTION A husband and wife have been fortunate to have success by American society's standards in almost every possible realm. They are well educated, have lucrative careers in their respective fields, have a group of supportive friends and family, own their own home, own their own vehicles, and even have a respectable savings account and retirement plan. The only thing they lack is a child to call their own. Both the husband and wife have always wanted children, but the wife has been informed that there is no medical possibility she could safely carry a child to full term. In the twenty-first century, the list of medical technology available to conceive a child is extensive.' However, when a mother is unable to carry her own child safely, the options for parenthood that remain are virtually limited to either adoption or surrogacy. Adoption, while meritorious in its own right, leaves little hope for parents who strongly desire a genetic connec- tion to their child. Meanwhile, just miles away, a woman has devoted her adult life to serving as a surrogate mother. The husband, wife, and woman meet and agree that the woman will serve as a surrogate mother to their child. They go on to reduce their agreement to writing and create a surrogacy agree- ment that explains the expectations of all the parties, as well as their rights and responsibilities. They then follow the necessary procedures at their local fertility clinic and the woman becomes pregnant with the husband and wife's biological child. Unfortunately, things do not go as planned. Whether it be when the child is born or even before the child is born, one or more of the parties wishes to violate the agreement in some significant way. Maybe the surrogate became emotionally bonded to the child or t Stephanie A. Mattox, Esq. received her B.A. in English with an emphasis in Writing from Concord University in Athens, WV. Ms. Mattox received both herJuris Masters and Juris Doctorate degrees from the Appalachian School of Law in Grundy, VA. She is a member of the American Bar Association and is licensed to practice law in the state of West Virginia. In addition to her membership to the West Virginia State Bar, Ms. Mattox is admitted to Federal Courts in the Southern District of West Virginia and United States Bankruptcy Court. Ms. Mattox has previously been published in the literary magazine The Bluestone Review for her creative fiction work. 1. MODEL ACT GOVERNING ASSISTED REPORT. TECH. (2008), http://www.american bar.org/content/dam/aba/uncategorized/family/ModelAct.authcheckdam.pdf (last visited Oct. 29, 2016). 89

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