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Explaining commercial surrogacy in Florida

Posted on November 6, 2016

Surrogacy has a long history. In fact, the first recorded case of surrogacy is found in the Bible. In Chapter 16 of The Book of Genesis, Sarah found herself fertile.  But Abraham wanted a child, so she asked her servant, Hagar, to stand in for her.

This first instance is called “traditional surrogacy”.  It is still practiced today, although usually through artificial insemination, whereby the man’s sperm is artificially inserted into the woman.  The “traditional” part is that it is the man’s sperm and the surrogate’s egg that are used.  It is traditional in that it was the only way surrogacy could be undertaken for thousands of years, until modern science invented gestational surrogacy.

Gestational surrogacy differs from traditional surrogacy in one important way.  While the man’s sperm remains the same, the egg is different.  A gestational surrogacy uses the egg from the intended mother. It is not the surrogate, but the wife who supplies the egg.

In ancient times, there was no way to do gestational surrogacy, as there was no way to remove a woman’s egg and insert it successfully in another woman.  These days, thanks to people in lab coats and a lot of education, we can remove an egg, insert the sperm, control the surrogate’s cycle and boost her hormones artificially, insert the egg in the surrogate’s womb and create a baby that is genetically unrelated to the surrogate.

Ideally, the baby is still a product of both intended parents, although donated egg or sperm might be required.

Explaining commercial surrogacy

When Sarah compelled her servant to act as surrogate, the process was pretty simple.  The process today is much more complicated.  It involves many medical and legal professionals.  There are costs.  Whereas Sarah asked her servant, most families today don’t have servants they can count on.  They have to pay somebody to help them produce a child.

That’s what commercial surrogacy is.

There is some controversy over commercial surrogacy.  Some people are uncomfortable with paying a surrogate mother.  The result is that many states have no legal framework in place.  Some people are downright opposed to commercial surrogacy.  If you live in New York or Michigan, you can actually be fined for entering into a commercial surrogacy agreement. In Michigan, you can be jailed.

In both Arizona and District of Columbia, all surrogacy contracts are void.  That includes commercial surrogacy and unpaid surrogacy. Several other states simply declare surrogacy contracts void.

We won’t deal with mothers in any of these states.  Sorry, but we work within the law, for better or for worse.

Commercial surrogacy in Florida is allowed by law, and there is a legal framework to ensure that all parties are protected.  That’s why we say that Florida is one of the most surrogate friendly states in the country.

Furthermore, the State of Surrogacy has put in place several clauses to ensure that commercial surrogacy does not become a bidding war for a woman’s body and that surrogates are not coerced or at anybody’s mercy.

Commercial surrogacy allows us to work little miracles for couples who cannot become parents on their own. Commercial surrogacy in Florida is set up to work to everybody’s advantage, without some of the worries that have led to banning surrogacy in several states.

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