Regulate Gestational Surrogacy in All States

Currently there are no federal regulations or oversight for gestational surrogacy. NYS is the only state in the nation that loosely regulates GS (not private surrogacy) and provides legal and health protections to surrogates and the child born [New York Child-Parent Security Act] by establishing a legal framework through surrogacy agreements.

The FDA comments on IVF but provides little input on the topic of gestational surrogacy and just refers organizations and practitioners to follow best practices from the committee of the American Society for Reproductive Medicine and Practice Committee of the Society for Assisted Reproductive Technology.

While GS may be a noble cause there is the potential for nefarious activity with human trafficking of both the surrogate and child- especially with international surrogacy. There have also been instances of child abuse domestically and internationally, however, there are currently no governmental agency that tracks or has authority (or teeth) that I’m aware of that can investigate complaints.