The Business of Renting Wombs is Thriving–and Surrogates Don’t Always Understand the Risks

Carolyn Barber | Fortune Well | November 17, 2022

The surrogacy industry is booming in the US with little to no oversight. Clinics often fail to inform potential surrogates about risks of IVF, which can lead to dangerous complications for them and for the children.

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Should ‘Social Surrogacy’ Be Permitted?

Ellen Trachman | Above the Law | November 16, 2022

The US-based nonprofit SEEDS recognizes ethical challenges of the surrogacy industry and is establishing best practices for surrogacy agencies to follow. But even this approach assumes, with evidence to the contrary, that US clinics will be able to self-regulate.

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‘We Are Expected To Be OK with Not Having Children’: How Gay Parenthood Through Surrogacy Became a Battleground

Jenny Kleeman | The Guardian | October 1, 2022

Gay men hoping to have biological children navigate high costs, complex surrogacy laws, and infertility definitions that exclude LGBTQ persons. But critics worry about exploitation of surrogates, especially internationally.

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In the Wake of Dobbs, IVF’s Future Becomes Uncertain, Forecasts Prof. Melissa Murray

Emily Rosenthal | NYU  | September 27, 2022

U.S. Supreme Court Decision Dobbs. vs. Jackson Women’s Health enabled states to restrict or ban abortion, which could limit the use of IVF in those states, including in the case of surrogacy. Clarence Thomas’ concurring opinion opened the door to challenging LGBTQ rights, which could have ripple effects on surrogacy and other techniques often used by same-sex couples for family formation. 

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The Surrogacy Industry Braces for a Post-Roe World

David Dodge | The New York Times | August 23, 2022

Concerned about losing access to pregnancy care, and fearful of legal consequences, surrogates and those who work with them are rewriting contracts and changing the way they operate. 

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New Federal Bill Could Allow Tax Deduction for Surrogacy Expenses, Remove Discrimination Against LGBTQ Tax Payers

Men Having Babies 

The “Equal Access to Reproductive Care Act,” filed by Representatives Adam Schiff and Judy Chu, in collaboration with organizations like Men Having Babies and the National Center for Lesbian Rights, will allow LGBTQ parents and single people to deduct ARTs–including surrogacy–on tax returns without needing to demonstrate medical infertility.

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Roe Reversal May Threaten Already Fragile LGBTQ Family-Planning Landscape

Julie Moreau | NBC News | August 1, 2022

US state abortion bans could affect IVF, because discarding embryos is common practice. LGBTQ couples will be disproportionately affected and are advised to consult with attorneys. Surrogates in these states will also have limited options in cases of pregnancy complications. 

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What Abortion Ruling Means for Assisted Reproductive Technologies

Jody Madeira | Bloomberg Law | July 25, 2022

In the wake of the US Supreme Court ruling on abortion, several US states have banned abortion and defined life as beginning at fertilization or conception. Law professor Jody Madeira discusses issues that state legislatures must address to avoid unintended financial, social, and emotional consequences for those using ARTs.

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Maine Voices: Surrogacy Process Throws Dobbs Ruling Into Sharp Relief

Erin Cherald | The Press Herald | July 19, 2022

Following the US ruling on abortion, a former surrogate shares the details of her contract  that explicitly outlined the risks and her rights during pregnancy. She emphasizes that anti-abortion laws requiring a woman to give birth against her will are exploitation.

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Proposed Tennessee House Bill Could Impact Families Going Through IVF

Maranda Whittington | WREG | June 30, 2022

Tennessee’s trigger ban is set to go into effect within a month to prevent all abortions, and another bill introduced this session would expand offenses of “child abuse, neglect and endangerment” to an “unborn child,” defined as starting at fertilization. This would mean that those trying to start a family through IVF or surrogacy–or their physician–might face criminal charges if they discarded extra embryos.

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