History and Impact of Surrogacy in the USA

To date, surrogacy has helped a number of parents achieve the family of their dreams; many of whom thought it wouldn’t be possible. Heterosexual and homosexual couples alike have a chance to fulfill their goal of raising a family, but this wasn’t always the case, especially for the latter.
Without a doubt, surrogacy (and the opinion of surrogacy) has evolved significantly over the years, especially as it relates to ethics, laws, and more. A report published in the Chicago Tribune stated that 10 to 20 percent of donor eggs are going to gay couples looking to go through surrogacy. And between 2004 and 2008 alone, almost 5,000 babies were born in the United States from surrogacy.  These statistics were a lot different just ten years ago. We’ll take you through the history of surrogacy so you can see just how far we’ve come.

The Birth of Surrogacy – The 1970s

Surrogacy hasn’t always been around, so in a lot of ways, it’s still a fairly recent advancement.  You may be surprised to know some of the history of how surrogacy came to be in the United States. It all goes back to a medical breakthrough that happened in the mid-1970’s.

Making Changes – Noel Keane

In 1975, the first ethically completed embryo transfer through IVF was done. One year later, in 1976,  the first legal surrogacy agreement in the history of surrogacy was arranged by lawyer, Noel Keane. At this time, the surrogate did not receive any compensation, but Keane used the knowledge behind creating this contract to open the Infertility Center of America in Indianapolis. This establishment would be fundamental to the advancement of surrogacy, as it would arrange hundreds of surrogacies a year and be a large factor in the development and success of surrogacy. Because of his contributions to the history of surrogacy, Noel Keane has been dubbed the father of surrogate parenting.

The Hiccup with Viable Conception

Though in vitro fertilization was a viable conception method in the 1970s, the surrogate mothers who carried the children for the intended parents were still biologically connected to the child. With surrogacy still being a fairly new concept at this time, there would still be a lot of bumps in the road for surrogacy and potential parents looking to complete their families.

Trials and Tech Advances – The 1980s

In 1980, the first paid surrogacy agreement was established between a surrogate and the intended parents.

The Case of Baby M

Between the years of 1984 and 1986, the “Baby M” case occurred. It’s considered one of the most famous cases in the history of surrogacy. It consisted of a legal custody battle between a surrogate and intended parents.

Determining Parental Rights

In 1984, Bill and Betsy Stern had hired Mary Beth Whitehead to be their traditional surrogate. Whitehead was due to receive compensation for this agreement. Her eggs were used in the artificial insemination, making her the biological mother of the baby. Once baby Melissa was born, Whitehead refused to sign away her parental rights and this in turn created a long custody battle in 1986. Though the process of the surrogacy was ruled illegal, Bill Stern received custody of the baby and Whitehead was granted visiting rights. This case served to professionals and intended parents the turn towards gestational surrogacy rather than going the traditional route.

The Move Towards Gestational Surrogacy

The “Baby M” case led a lot of intended parents to worry about traditional surrogacy. Luckily, while the case was going on in 1985, the first gestational surrogacy was successfully completed. This form of surrogacy would now become the norm of surrogacy completed today, and in that time would reassure potential parents that there would be no legal repercussions or sudden loopholes in surrogacy that could be worrisome or detrimental to their families.
Also, in response to the legal battles that came forth in the 1980s, different legislators and states began to draft surrogacy laws to protect and uphold the rights of intended parents and surrogates.  They also worked to establish a fair line between the two parties to ensure there would be no repetition of the likes of the “Baby M” case.

Upholding Parental Rights: The 1990s

In 1990, Calvert V. Johnson upheld intended parents’ parental rights in California. This case further solidified the basis of gestational surrogacy and the importance of genetics. A California surrogate, Johnson, was used as a surrogate for the Calvert’s with an embryo comprised of both Mr. and Mrs. Calvert’s respective egg and sperm. Johnson later on in the pregnancy refused the idea of granting the parents their child and was taken to court. The California Supreme Court granted Johnson temporary visitation rights after the child was born, but of course it was deemed that the child was not at all genetically related to Johnson. Therefore, the child was placed in the hands of her intended parents.

Crossing State Lines

A little research will show you that no state surrogacy laws are equal. In fact, some states, like New York, still state that surrogacy agreements are not legally enforced. However, there have been greater strides taken to ensure great legal protection for both parties, such as in terms of Calvert V. Johnson, where intended parental rights were protected and established a greater reassurance for surrogacy in California. In terms of the laws and legal issues with surrogacy in this current time compared to its initiation, there has been much improvement. Yet, there is still much work to be done.

The Impact of Surrogacy in the USA Today

Between 1999 and 2013, 18,400 babies were born from gestational surrogates in the United States. Modern technological advances have allowed great strides to be achieved in terms of surrogacy and other reproductive technologies. This has allowed families to reach completion and for many couples who dream of being parents to fulfill their desires. Single individuals who have a dream of being a parent can now also fulfill their wants.

Giving The Gift of Life

The process of surrogacy has come a long way from its beginning. Organizations like Simple Surrogacy make it easier for parents who would like to have a child but are uncertain of where to begin, as well as helping potential parents find an attorney to talk legalities with. Plus, it allows women to help couples who are out of options and help them achieve the family they’ve always wanted.

Conclusion

Some people ask, ‘why is surrogacy interesting?’ and it’s really all a matter of looking at this as a reproductive phenomenon. Surrogacy has come a long way and there’s still so much more that has to be done. With a variety of surrogacy agencies established throughout the country, there will be fewer barriers for those looking to form the family of their dreams.