FINAL BILL REPORT

SSB 5071

                              C 404 L 89

BYSenate Committee on Children & Family Services (originally sponsored by Senators Smith, Craswell and Stratton)

Regarding surrogate parenting.

Senate Committee on Children & Family Services

House Committe on Health Care

SYNOPSIS AS ENACTED

BACKGROUND:

A great deal of public attention has focused on the issue of surrogate parentage contracts because of the "Baby M" case in New Jersey.  Surrogacy typically involves a well-to-do couple who hire a woman to be artificially inseminated, carry a child to term, then relinquish her parental rights to the child.  Sometimes, the woman and the go-between who match her with the would-be parents are paid $10,000 each.

Concern has been raised that the use of surrogate parentage contracts which seek to establish an irrevocable decision of child custody before birth can only result in a significant number of disputed custody claims after the child is born.  In addition, opponents of surrogate parentage contracts believe that these contracts lead to immoral baby selling.

SUMMARY:

Surrogate parentage contracts are prohibited in which the woman who bears the child receives compensation.  The woman bearing the child may be compensated for pregnancy expenses and actual medical costs.  Attorneys who draft surrogate parentage contracts may be paid for their services.

An unemancipated female minor, or a woman diagnosed as developmentally disabled, mentally retarded or mentally ill may not be a surrogate mother.

If a child is born to a surrogate mother and a custody dispute ensues, the party having physical custody of the child at the time of the dispute may retain custody of the child until the superior court orders otherwise.

Any person, organization or agency which enters into or induces another to enter into a surrogate parentage contract is guilty of a gross misdemeanor.

VOTES ON FINAL PASSAGE:

     Senate   32   15

     House 75 22 (House amended)

     Senate          (Senate refused to concur)

     House 62 32 (House receded)

EFFECTIVE:May 13, 1989