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Reason 1#: They constitute “baby selling.” FACT:
This
legislation authorizes individuals to enter legally enforceable
contracts with a third party woman to carry a baby to term for them
in return for compensation. FACT: The
gestational carrier agreements allow
the intended parents(s) to “pay the gestational carrier reasonable
compensation” which goes beyond legal, medical or other professional
expenses. There is no limit on “reasonable” compensation. Sec. 5,
(d)(3) The agreement is fundamentally structured
around the transfer of the baby after birth. If the compensation was
truly only for services rendered, then there wouldn’t be a legal
recourse of specific performance by the intended parents if the
birth mother refuses to turn over the baby.
However, failure of the birth mother to
turn over the child would constitute breach of the agreement and the
prospective parent(s) could sue to obtain the child. Sec. 5 (c), (ii) and Sec.
10 The transfer of the
baby is intimately connected with the compensation; very few women
would serve as surrogates if they were not compensated.
Reject gestational carrier agreement legislation (HF 3448 Tingelstad and SF 2965 Higgins)! |
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