While surrogacy has been steadily gaining acceptance in the United States, one constituent in these intricate arrangements has been drawing some negative attention – surrogate brokers. The typical surrogacy arrangement is often amicable, with a woman consciously agreeing to carry a child not genetically hers for intended parents. It’s been a process that numerous individuals and couples have used without issues.
Last month, Michigan, the only state that previously penalized compensated surrogacy arrangements, reversed its former constraints. Understandingly, this has paved the way for surrogacy supportive laws which protect all parties involved – the surrogate, the intended parents, and the child. But despite this, surrogate brokers, individuals or entities that facilitate the connection between intended parents and surrogates, have been labelled as the villain in the equation.
Surrogacy agencies, unlike adoption agencies, do not require governmental vetting which has led to some scrutiny. Notably, Virginia attempted to abolish its ban on surrogacy brokers but failed. Virginia Code Section 20-165 had a prohibition against agencies accepting compensation for procuring surrogates or for initiating an intended parent and surrogate to enter into surrogacy contracts.
Though this law was rarely enforced, it had a depressing effect on those who knew about it. Potential agencies providing helpful resources and support were scared away, meaning parties desiring such support could not obtain it for fear of being accomplices in the violation of this law.
Regrettably, the proposed bill that would have abolished this obstacle in the surrogacy process was dismissed by Virginia’s governor, Glenn Youngkin. On March 8, 2024, he justified his veto by citing concerns about commercial surrogacy brokers and the potential for exploitation, extortion, and ethical abuses.
Additionally, West Virginia faced similar struggles with surrogacy brokers, as legislation was introduced to prohibit commercial surrogate brokering. A bill, SB 575, proposed criminalizing the activity of commercial surrogate brokers, leading to hefty fines and potential jail time. However, the process ended with the bill failing to make it through the House, leaving surrogacy brokers legal in West Virginia – at least for the time being.
Despite the scrutiny around brokers, it is essential to keep in mind the positive role many play, as they facilitate a process that ends in a beautiful outcome – the creation of families. Furthermore, agencies can offer advisory and support roles throughout a sometimes emotionally difficult process, ensuring that all involved parties remain protected and informed.
Ultimately, while there is a need for greater regulation to prevent any potential malfeasance, it is crucial to understand that surrogacy brokers – or agencies – perform a vital role that allows people to create and grow their families.
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