Resolves disputes over surrogacy by makes it illegal for a court to consider the best interest of the child.
Presently, all custody disputes are resolved based on the “best interest of the child” standard, but 6037 forbids that consideration unless the surrogacy contract is found to be unenforceable. This bill makes it illegal to consider what is best for a child of surrogacy.
Transfers parental rights for money.
By prohibiting the “best interest of the child” analysis, the only relevant factors are the exchange of money and the intentions of the parties. Children are bought and sold before they are born.
Lacks safeguards of adoption.
Adoption requires a lengthy process that includes home studies and background checks. Contract surrogacy lacks all those safeguards. The only thing required to get parental rights to someone else’s child through commercial surrogacy is money.
Incentivizes the exploitation of vulnerable women.
Most surrogacy contracts involve a power disparity between wealthy intended parents and less financially secure surrogates. By creating a structure that incentivizes people to initiate surrogacy contracts, more women will be induced into contracts that frequently lead to custody disputes.
Would attract people to Washington for the purpose of entering into surrogacy contracts.
SB 6037 does not require those in surrogacy contracts to be from Washington State. As the rest of the world moves away from contract surrogacy, the fact that Washington would have a law requiring surrogacy disputes to be resolved in favor of the intended parents would make Washington a global destination for those wanting children through surrogacy.
What Others Are Saying
Donor-Conceived Children are speaking out about being a commodity.
“I don’t care why my parents or my mother did this. It looks to me like I was bought and sold. You can dress it up with as many pretty words as you want… But the fact is that someone has contracted you to make a child, give up your parental rights and hand over your flesh and blood child. When you exchange something for money it is called a commodity. Babies are not commodities. Babies are human beings.”
“I knew from an early age that I was purchased and selected from essentially a catalog. I knew that my blonde hair and blue eyes was somehow valued above other colorations —because my mother never fell in love with my father, he was never a full human being to her only a handful of breeding details… ” – A.N.
Ignores the lessons learned around the world.
For years, countries like Cambodia, Thailand, and India, have been global destinations for people wanting surrogacy contracts. In just the last few years, all of them have either restricted it or outlawed it entirely. Canada banned it in 2004. It is illegal almost everywhere on the planet because of the multitude of ways contract surrogacy can go wrong.