The legislation constitutes legalized baby selling and raises the specter of the state encouraging the new eugenics – designer babies.
The bills, HF 3448 (Tingelstad) and SF 2965 (Higgins), authorize the establishment of legally enforceable gestational carrier agreements which would require Minnesota courts to enforce contracts between an intended parent or parents and a third party birth mother who is hired for money to birth the baby and turn it over to the intended parent.
The Senate bill would also eliminate the use of the word “father” and spousal terminology (husband, wife) in such agreements.
Gestational and surrogacy agreements mean:
Baby selling – not a contract for services
The agreement is structured around the transfer of the baby after birth. Failure of the birth mother to turn over the child would constitute breach of the agreement and the intended parent(s) could sue to obtain the child.
Very few women would serve as surrogates if they were not compensated.
The agreement allows the intended parent(s) to “pay the gestational carrier reasonable compensation” which goes beyond legal, medical or other professional expenses. There is no limit on “reasonable” compensation.
Ignores the “Best interest of the child”
The legislation completely ignores the rights and interests of the unborn child. They’re merely an object in a contractual exchange between the birth mother and intended parent.
There is no provision to guarantee that the child have a mother and a father. And, any rights are based “solely on the evidence of the parties’ original intent.” There is no judicial authority to truly determine what is in the child’s best interest.
Promotes designer children
The intended parent or parents can use donated eggs and/or sperm to create this new child, opening the door for the new eugenics - designer babies.
Destruction of human beings, i.e. embryos
Surrogacy agreements create a market designed to supply embryos. Excess embryos will result in destruction or freezing. Encouraging this market will cause destruction of human life.
Society recognizes prostitution as an exploitation of women for sexual purposes. Compensation of women for reproductive purposes is no different.
The state is redefining the concept of motherhood
Motherhood is now subject to contractual agreements entered into before the baby is even conceived. Redefining the “birth mother” as a “gestational carrier” exposes this effort.
The state is encouraging redefinition of family
Children are becoming commodities created at the whim of people who then “sell” them to other individuals. Gestational and surrogacy agreements weaken the biological/genetic link and sociological basis for family and parental relationships established for generations.