Surrogate Parenting: Analysis and Recommendations for ...
Surrogate Parenting: Analysis and
Recommendations for Public Policy
The New York State Task Force on
Life and the Law
May 1988
New York State Task Force on Life and the Law
Task Force Members
David Axelrod, M.D., Chairman
Commissioner of Health, State of New York
Karl Adler, M.D.
Dean, New York Medical College
Rev. Msgr. John A. Alesandro
Chancellor, Roman Catholic Diocese of Rockville Centre
John Arras, Ph.D.
Clinical Associate Professor of Bioethics Albert Einstein College of Medicine/Montefiore Medical Center
Mario L. Baeza, Esq.
Debevoise & Plimpton Lecturer, Harvard Law School
The Right Reverend David Ball
Bishop, Episcopal Diocese of Albany
Rabbi J. David Bleich
Professor of Talmud, Yeshiva University, Professor of Jewish Law & Ethics Benjamin Cardozo School of Law
Evan Calkins, M.D.
Head of Division of Geriatrics SUNY Buffalo and Buffalo VMAC
Richard J. Concannon, Esq.
Kelley, Drye & Warren
Myron W. Conovitz, M.D.
Attending Physician, North Shore University Hospital
Saul J. Farber, M.D.
Dean and Provost Chairman, Department of Medicine New York University Medical Center
Alan R. Fleischman, M.D.
Director, Division of Neonatology Albert Einstein College of Medicine/Montefiore Medical Center
Samuel Gorovitz, Ph.D.
Dean, College of Arts and Sciences Professor of Philosophy Syracuse University
Beatrix Ann Hamburg, M.D.
Director, Division of Child and Adolescent Psychiatry Professor of Psychiatry and Pediatrics Mount Sinai School of Medicine
Denise Hanlon, R.N., M.S.
Clinical Instructor of Nursing, SUNY Buffalo School of Nursing
Helene L. Kaplan, Esq.
Webster & Sheffield Chairman, Board of Trustees, The Carnegie Corporation
Rev. Donald W. McKinney
First Unitarian Church President Emeritus, Concern for Dying
Georgia L. McMurray, C.S.W.
Former Deputy General Director Community Service Society of New York
Maria I. New, M.D.
Chief of Pediatrics New York Hospital/Comeli Medical Center
Ruth O'Brien, Ph.D.
Assistant Professor of Nursing University of Rochester School of Nursing
John J. Regan, J.S.D.
Professor of Law, Hofstra University School of Law
Rabbi A. James Rudin
National Director of Interreligious Affairs The American Jewish Committee
Rev. Betty Bone Schiess
Episcopal Diocese of Central New York
Barbara Shack
New York Civil Liberties Union
Rev. Robert S. Smith
Director, Chaplaincy Services SUNY Health Science Center at Stony Brook
Elizabeth W. Stack
Ombudsman Syracuse Developmental Center
Staff Members
Tracy E. Miller, J.D.
Executive Director
B. Andrew Lustig, Ph.D.
Elizabeth A. Peppe
Suzanne Israel Tufts, J.D. (Consultant)
Mary L. Montgomery
Robert N. Swidler, M.A., J.D.
Contents
Preface
i
Executive Summary
iii
Introduction
1
PART I
The Medical, Legal and Social Context
One:
Two: Three:
Four: Five:
Six:
Infertility - Rates, Causes and
Prevention
7
Assisted Reproduction
19
Applying New York Family Law to
Surrogate Parenting
31
The Constitutional Parameters
59
The Ethical and Social Dimensions of
Surrogate Parenting
71
The Public Dialogue
97
PART II
Deliberations And Recommendations Of The Task Force
Seven:
Devising Public Policy on
Surrogate Parenting
115
Eight:
Disputed Surrogacy Arrangements:
Allocating Parental Rights and
Responsibilities
129
Conclusion
139
Appendix: The Proposed Surrogate
Parenting Act
A-l
Preface
In March 1985, Governor Cuomo convened the Task Force on Life and he Law. He asked the Task Force to develop recommendations for public policy on a range of issues arising from recent advances in medical technology: the determination of death, the withdrawal and withholding of life* sustaining treatment, the new reproductive technologies, the treatment of disabled newborns, organ transplantation and, in a more limited context, abortion.
The Executive Order creating the Task Force charged the Task Force to address issues posed by artificial insemination and in vitro fertilization. In the wake of the Baby M trial, the practice of surrogate parenting gained national prominence and immediacy. By the spring of 1987, the New York State Legislature faced four bills on surrogate parenting, each embracing different solutions and approaches. At the request of Governor Cuomo, the Task Force made the issue a priority on its own agenda.
The Task Force spent many months educating itself about surrogate parenting. Part I of the Report presents the results of that educational effort which provided the context for the Task Force's deliberations. The deliberations and recommendations of the Task Force are set forth in Part II of the Report.
The Report seeks to inform and focus the public debate about surrogacy. The Task Force hopes that the consensus forged among its diverse membership will serve as a catalyst for public resolution.
Despite the diversity of opinion and belief represented on the Task Force, its members reached a unanimous judgment that public policy should discourage surrogate parenting. The Report contains specific recommendations, including a legislative proposal on how that goal is best achieved.
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