News Brief: Ohio Surrogate Contract Upheld

This case has been around in two different court systems involving an Ohio man wanted to be a parent. He used an egg donor from Texas, and the eggs were fertilized with his sperm and the resulting embryo was implanted in a woman from Pennsylvania. She gave birth to triplets. The deal fell apart when the woman who gave birth took the triplets home. Litigation ensued in both Pennsylvania and Ohio followed.

In December the Ohio Supreme Court issued an opinion you can find as follows: http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-6750.pdf

It is a short opinion, both majority and dissent. The majority states that there isn’t any Ohio policy  about gestational surrogacy and so there’s no reason not to enforce the contract. They go as far as allowing consideration of an award of damages against the surrogate for breaching her obligations. 

Here are some other opinions on the matter: http://lexfamilia.wordpress.com/feed/

 

Wombs for Rent - What do you think of using a gestational carrier in India

The following article speaks about the recent media attention to gestational carriers in India.  I have not done enough research on the establishments in India; however, I do think that the laws in some US States are straightforward enough to keep people from venturing there.  Price is certainly an issue, as the carriers in India are not requesting as much as carriers do here in the US - however, I would need to view their medical facilities, the health of the carriers, as well as determine the laws that exist there, if any.  Regardless, this article is certainly food for thought.

See link:

http://warner.blogs.nytimes.com/tag/india/