About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

68 Drake L. Rev. Discourse 101 (2018)

handle is hein.journals/dralours9 and id is 1 raw text is: 






    SURROGACY AND PARENTAL RIGHTS: A
       NEED FOR UNIFORMITY IN THE LAW


                               ABSTRACT
     Surrogacy has been a feasible way for various individuals and couples to
have children since the early 1980's. Thanks to the development of remarkable
scientific technologies, surrogacy has been particularly beneficial for people who
strive to build a family but struggle with infertility. By 2008, 1,400 babies were
born to surrogates. Surrogacy is now commonplace in society with celebrities such
as Elton John, Nicole Kidman, and Sarah Jessica Parker openly discussing their
reliance on surrogates to have children. Nevertheless, and perhaps unsurprisingly,
the law is not keeping up with these scientific and societal developments. Four
states currently ban surrogacy agreements, fourteen states allow at least one form
ofsurrogacy agreements, and the remainder of the states-including Iowa-do not
clearly address surrogacy agreements.
     This  Note discusses how  advancements  in scientific technology have
allowed otherwise infertile people to have children by contracting with surrogate
mothers. It then outlines the hodgepodge of laws addressing surrogacy throughout
the United States and highlights ways in which this inconsistency in the law affects
the rights of the parties involved in surrogacy agreements. Finally, this Note
proposes that advocates of surrogacy in each state-especially in states that have
not clearly addressed the issue should urge state legislators to adopt uniform
legislation on surrogacy in order to alleviate confusion and increase judicial
efficiency. An example of such uniform legislation is briefly discussed at the end
of this Note.

                          TABLE  OF CONTENTS
   I. Introduction          ..................................    ......102
   II. Modern Society's Increased Use of Assisted Reproductive
      Technology  Generally and Surrogacy  Specifically ......   ........103
      A.  Surrogacy as a Solution to Infertility ...................103
      B.  Scientific Advancements in Assisted Reproductive
          Technology  and Surrogacy Availability            .................104
          1. Evolution of Assisted Reproductive Technology  ................104
          2. Types  of Surrogacy Agreements  Available ..........................105
          3. Increased Use  of Surrogates  ...........................106
 III. Variation in State Laws   .......................................107
      A.  States Prohibiting Surrogacy Agreements      ...............107
      B.  States Expressly Allowing Surrogacy ...................110
      C.  States that Do Not Clearly Address Surrogacy .....     .......110


101

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most