European Stars And Stripes (Newspaper) - February 22, 1981, Darmstadt, Hesse                                Doily Magazine Sofo Cilc mothering it just cries out for legislation by Angel Castillo new York times Carol a 27yearold midwife in am is pregnant and she and her Hus a computer Are happily expecting paves second child to be born what makes the pregnancy unusual is that the child payer is carrying is not her husbands but that of a California Man who also is the pregnancy was achieved through artificial Pavec says she is acting As a surrogate one of a growing number of women who Are undertaking to Bear a child for another woman who cannot conceive under the the child is turned Over to the infertile woman and her husband for adoption right after although the surrogate Mother is paid a fee in some Pavek is acting with the biological father and his wife paying Only Legal and other the growing use of surrogates to Bear children is Rais ing Legal and moral Many of which Are unanswerable at this for if the surrogate Mother is is it proper for her to Bear a child who will be illegitimate is it proper for surrogates to have children to be turned Over to single people or to homosexual couples does the impregnation of the surrogate by a married Man amount to adultery what if the surrogate decides to keep the baby or to have an abortion what if the adoptive parents die or get divorced before the or decide they do not want the baby after All what if the child is born defective surrogate mothering is probably a very ancient that has Only recently become a subject of widespread Public attention and almost years ago in the Book of Gene Sis Abrahams who could not arranged the birth of a child by having Abraham sleep with sarahs Hagar was called concubine rather than a surrogate but the arrangement was similar to what is Hap pening except that natural rather than Arti focal was the method through which Abraham became the father of a modern Day Hagar who lives in and Calls herself Elizabeth a gave birth to a boy last 9 in acting As a paid surrogate for a couple now living in the 38yearold who is married and the Mother of three was impregnated through artificial insemination with the help of surrogate parenting the Louisville corporation began Matching couples and surrogates in August 1979 and says it has in Progress close to 100 prospective surrogate births in various Katie the Louisville attorney for the com said she believes that Kentucky is the Only state in the country where the Law allows a fee to be paid to a woman for having a baby for someone Brophy said Kentucky Law prohibits the payment of a fee for the procurement of a child for adoption but not for an agreement to terminate ones parental after the parental rights of the surrogate and her husband Are Brophy the biological father files a petition in court asking for custody of the infant his son or daughter and his wife subsequently files another in a Standard adoption Elizabeth Kane modern Day to become the Childs Legal adoptive the Assumption that surrogate mothering for a fee is Legal in Kentucky is the states attorney Steven said in an there Are some statutes that May Well raise some problems with this Beshear and we Are now preparing an advisory Legal opinion which will address these we have a very Strong Public policy in Kentucky against baby and one of the very Strong concerns that we have is the monetary aspects of a rent womb theologian it is a technical form of consensual february this to Date Only one court in has been Liti gated Over a state adoption Law that potentially makes it illegal to pay a surrogate Mother a in that known As Doe a Dearborn Noel Keane who says he has arranged five surrogate births since 1976 and five other prospective ones in which the surrogates Are now pregnant challenged the Michigan statute forbidding the payment of fees As a violation of constitutional rights of last judge roman Gribbs of the Wayne county circuit court upheld the the states the judge is to prevent commercialism from affecting a mothers decision to exe cute a consent to the adoption of her it is a Funda mental principle that children should not and cannot be bought and Keane filed an which is now adoption is almost out of the question said William a North lawyer who is representing a California couple who recently found a surrogate to Bear a child for there is a seven or Lightyear and using a Surro Gate Mother is a valid alternative to a traditional adopt advocates of legalizing surrogate whether it is for a fee or say that it is unfair to allow artificial insemination of a wife with the semen of a third party donor when it is the husband who cannot have but not of a surrogate when it is the wife who cannot they deny that the surrogate Mother is Selling her theres not a baby there when we Start the pro said i think the surrogate is being paid for the use of her Shes not Selling her Eugene Michigan first assistant attorney voiced the position of most opponents when he said that statutes such As Michigan Are necessary to protect against the Sale of a moral argument against surrogate mothering was expressed by the William a professor of moral theology at Josephs Seminary in which serves the roman Catholic archdiocese of new the Basic moral incongruity is with artificial insemination substituting technology for personal exclusive procreation in the marriage Smith referring to surrogate mothering As a rent womb Smith termed it improper because it is really not the same As and morally it is a technical form of consensual there appears to be no Rush to enact Laws to govern surrogate and lawyers Active in the Field generally agree that with the possible exception of Kentucky it is probably illegal in All states to pay a fee to a surrogate a Check with organizations such As the american bar association and the american medical association showed no formal studies of the practice Are under although committees of the new York county lawyers association and the state bars of California and Michi Gan have begun preliminary studies of the possible need for Keane says he is now representing 25 couples who Are looking for a surrogate Mother and Are willing to pay a fee of to the surrogate plus including his own Legal fee of its something that going to keep on and its an area that just cries out for Keane Treyve got to get and the stars and stripes Page 9