Problems in commercialized surrogate mothering

Commercialized surrogate mothering is an unworkable arrangement for helping infertile couples to have children. The arrangement requires a woman to undergo artificial insemination, to sustain a pregnancy and to relinquish the child upon birth to the genetic father. During the course of the pregnancy, the arrangement calls for restrictions on the surrogate mother's behavior and authority to make medical decisions concerning herself and the fetus. Such restrictions are unenforceable under contract law, and the usual social mechanisms to induce compliance are absent. Due to the large sums of money involved and the growing industry of surrogate mother brokering, efforts have begun in many state legislatures to regulate the arrangements, and in particular the behavior of the surrogate mothers, in order to increase the predictability and workability of the arrangements. If passed, these state laws could set a dangerous precedent for regulating all women during pregnancy and standardizing the behavior and medical care of pregnant women. Noncommercialized surrogate mothering does not pose these same threats, and is likely to continue for many years to come.