Worlds, and Wombs, Collide in Kansas Bill Criminalizing Surrogate Pregnancy Contracts
By Patricia J. Williams,
The Nation
| 02. 05. 2014
In late January, Kansas State Senator Mary Pilcher-Cook introduced a bill that would have criminalized the use of surrogate contracts in pregnancy and imposed a $10,000 fine and up to a year in jail for anyone participating in such a transaction. The effort was quickly abandoned amid a storm that included pro-lifers battling pro-lifers, invocations of God having hired the Virgin Mary as a surrogate, sonograms performed live in a senate committee and a host of other risible posturings.
If the bill hadn’t been body-slammed into the dust by some of the sillier statements of its chief proponent (Pilcher-Cook asserted, for example, that surrogacy creates children who are “not going to have either a biological mother, biological father or both”), the discussion might have garnered more attention. The laws regarding surrogacy are a jumble of inconsistent public policies, free-market contracts, civil interventions and criminal sanctions. However incoherent the Kansas attempt, there’s a serious question as to whether individually drafted private contracts are sufficient to settle questions of intended parenthood, or if the “best interests of the child” standards governing custody...
Related Articles
By Katherine Long, Ben Foldy, and Lingling Wei, The Wall Street Journal | 12.13.2025
Inside a closed Los Angeles courtroom, something wasn’t right.
Clerks working for family court Judge Amy Pellman were reviewing routine surrogacy petitions when they spotted an unusual pattern: the same name, again and again.
A Chinese billionaire was seeking parental...
By Sarah A. Topol, The New York Times Magazine | 12.14.2025
The women in House 3 rarely had a chance to speak to the women in House 5, but when they did, the things they heard scared them. They didn’t actually know where House 5 was, only that it was huge...
By Sarah Kliff, The New York Times | 12.10.2025
Micah Nerio had known since his early 30s that he wanted to be a father, even if he did not have a partner. He spent a decade saving up to pursue surrogacy, an expensive process where he would create embryos...
By Carter Sherman, The Guardian | 12.08.2025
A huge defense policy bill, revealed by US lawmakers on Sunday, does not include a provision that would have provided broad healthcare coverage for in vitro fertilization (IVF) for active-duty members of the military, despite Donald Trump’s pledge...