Surrogacy is when the woman bears a child that has been formed from the gametes of another woman and man and implanted in her body. Partial Surrogacy occurs when the birth mother contributes the ovum and the sperm is introduced by artificial insemination. She is a biological parent of the child. Commercial
Surrogacy means a business-like transaction where a fee is charged for the incubation period. Lastly, there is a
Non-Commercial Surrogacy in which there is no formal contract or any payment to the birth mother. It is usually an arrangement between close friends or family members.(1-10) There is no federal policy on the issue of surrogacy, all fifty states have been left to decide theses issues themselves and create their own policies. The majority of the states have not yet legislated on this subject. Those states that have taken positions differ greatly from one another, such as California and Virginia, who have taken opposing viewpoints California is the state that is the most sympathetic to the genetic parents.
Under California law surrogacy agreements are enforceable and the genetic parents are given all legal parental rights to the child. In Virginia, all legal parental
Cited: Centre Points, Volume 1, No. 1, Article #2, Surrogate Motherhood and its Human Costs, Suzanne Rozell Scorsone, Ph.D. ;1-2 Johnson v. Calvert, 5 Cal. 4th 84, 851p.2d 776, 19 Cal. Rptr. 2d 494 (1993); 1-10