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Gestational Surrogacy and the Health Care Provider: Put Part of the “IVF Genie” Back into the Bottle
Published online by Cambridge University Press: 29 April 2021
Extract
Medical advances in new reproductive technologies continue to raise complex legal and ethical issues. Last October, a California Superior Court judge issued his opinion on the first contested case in this country involving gestational surrogacy. Upholding the surrogacy contract as valid and declaring that the genetic parents had exclusive custody and parental rights, Judge Richard Parslow observed:
The IVF genie is out of the bottle and you’re not going to be able to put it back.
I contend that we must put part of the genie back into the bottle. Gestational surrogacy is not an acceptable option for the extension of in vitro fertilization (IVF). This is not a reaction to the facts of the California case, but rather a recognition that the medicalization of surrogacy as a reproductive technology attempts to legitimize a practice that professionals should not support.
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- Copyright © 1990 American Society of Law, Medicine & Ethics
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