Medical research demonstrates that there is significant growth in gestational surrogacy in the UnitedStates. The number of families working with gestational surrogates has quadrupled in the new millennium. Weill Cornell Medicine physicians and medical students reviewed the published literature on the medical and mental health impacts to women who undergo in vitro fertilization (IVF) to become gestational carriers. Although people outside the medical community have questioned the health and psychological impacts of surrogates to prohibit gestational surrogacy, the scientific literature review demonstrates that there are in fact no significant adverse medical or psychological outcomes for women who are gestational carriers nor the children they give birth to. The Weill Cornell Medicine’s literature review finds (among other things) that:• Professional medical guidelines require rigorous screening of surrogates;• Pregnancies of gestational carriers have higher risk of complications if they have had multiple embryo transfers, but increasingly only one embryo is transferred;• Birth weights of children born to gestational carriers as compared to non-gestational carrier cycles is greater;• There are no significant psychological differences between children born via surrogacy and children born through other methods; Analysis by the researchers at the Cornell Law School of the laws of the fifty U.S. states and the District of Columbia reveals that (1) fifteen states and the District of Columbia have enacted regulations that explicitly permit compensated gestational surrogacy, (3) seven states have statutes that implicitly permit gestational surrogacy, and (4) there are no explicit or implicit statutes that permit or prohibit compensated gestational surrogacy in twenty-two states. In sum, as of the date of the report, compensated gestational surrogacy is practiced forty-four states. Six states have some form of prohibitions on compensated gestational surrogacy with New York and Michigan as the only states in that group that impose criminal penalties. Even in states where compensated gestational surrogacy is prohibited, courts have allowed for surrogacy arrangements by, among other things, approving pre-birth orders. New York and Michigan are the only states in the country where compensated gestational surrogacy arrangements are generally avoided in practice likely because of the criminal sanctions imposed on those who facilitate such transactions.4When state legislatures have enacted statutes regulating compensated gestational surrogacy, they have moved towards legalizing it in recent years. Since 2000, fifteen states and the District of Columbia have acted to explicitly permit compensated gestational surrogacy. On the other hand, only four states have taken a prohibitive approach since 2000 and two of those states permit uncompensated gestational surrogacy. In sum, the health and medical literature does not weigh in favor of continuing to prohibit gestational surrogacy in New York. There are generally no disparate health outcomes for gestational carriers as compared to non-gestational carriers using assisted reproductive technology (ART) nor are their disparate health impacts on children. Additionally, there are no disparate psychological impacts on gestational carriers as compared to women who have had spontaneously conceived pregnancies. States across the country are moving to legalize and regulate gestational surrogacy in the last decade.
Medical and Mental Health Implications of Gestational Surrogacy and Trends in State Regulations on Compensated Gestational Surrogacy
As the New York State legislature considers legalizing compensated gestational surrogacy this legislative session, this report provides insight into (1) the impact of surrogacy on the medical and mental health of women who become surrogates and the children born through gestational surrogacy, and (2) how other state legislatures have addressed compensated gestational surrogacy in recent years.
Kalantry, S., & Spandorfer, S. (2020). Medical and Mental Health Implications of Gestational Surrogacy and Trends in State Regulations on Compensated Gestational Surrogacy. Cornell University.
Categories: OUTCOMES FOR ALL PARTIES INVOLVED