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36 Suffolk Transnat'l L. Rev. 527 (2013)
International Fertility Tourism: The Potential for Stateless Children in Cross-Border Commercial Surrogacy Arrangements

handle is hein.journals/sujtnlr36 and id is 569 raw text is: INTERNATIONAL FERTILITY TOURISM: THE POTENTIAL FOR STATELESS CHILDREN IN CROSS-BORDER COMMERCIAL SURROGACY ARRANGEMENTS Charles P. Kindregan* and Danielle White** *** ABSTRACT Since the first report of a child born to a surrogate carrier thirty years ago, a significant industry to provide women who were willing for compensation to carry a child for others has grown up world-wide. Studies have suggested that this has be- come a billion dollar business in a relatively short time. The market for the industry has found customers for intended par- ents who cannot or will not carry their own children, same-sex male couples, single people, and others who are willing to pay for surrogacy services. The United States is favorable to the growth of the business, with the exception of a few states which have imposed restrictions or refused to enforce surrogacy con- tracts. Other countries, including India and Ukraine have be- come centers for surrogacy, inducing foreigners to travel to their clinics with lower costs. Other nations have made the use of commercial surrogacy contracts either illegal or unenforceable. These include nations such as Canada, France, Germany, United Kingdom, and Japan. The disparity of the legal policies governing commercial surrogacy has created the problem which is addressed by this * Charles P. Kindregan received his J.D. from the Chicago-Kent College of Law of the Illinois Institute of Technology, and his LL.M. degree from Northwestern Uni- versity Law School. He teaches Family Law courses at Suffolk University Law School. He is the co-author (with Maureen McBrien) of the American Bar Associa- tion book titled ASsISTED REPRODUCTIVE TECHNOLOGY (2nd ed. 2011). He chaired the A.B.A. Family Law Section Committee on Genetic Technologies and Assisted Reproduction during its drafting of the A.B.A. Model Act Governing Assisted Re- productive Technology. ** Danielle White graduated from Providence College and Suffolk University Law School. She completed Suffolk's course on Assisted Reproductive Technology Law, and wrote and presented a paper on the availability of pre-birth orders in surro- gacy cases for non-traditional parents, such as same-sex couples. *** The authors also acknowledge Jeanie Fallon, Legal Reference Librarian at Suffolk University Law School, for her invaluable assistance in researching this topic.

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