Olympia: Surrogate Mothers Are Not For Sale

Another trip to Olympia yesterday for the public hearing on HB 1267 to legalize surrogacy in the great state of WA. This time there were many people and groups in opposition to the bill...some wearing bright orange NOT FOR SALE stickers (men as well as women). I wanted to stand up and say that no one is for sale here but that would have landed on ears attached to a mind that was already made up. I learned first hand by trying to have a conversation with Senator Pam Roach.  She is the mother of 5 and I believe has 13 grandchildren and has no intention, it seems, to vote yes on HB 1267. Upon hearing the little "vignettes" (her words) she seemed to be an active listener but those true experiences, as told from the Intended Parents point of view, didn't seem as important as her own agenda. One of many statements she made was that because heterosexual couples are required to have a medical reason to "pay" a surrogate then so should homosexuals. (Even the NOT FOR SALE people around me snickered at this for obvious reasons.) She also asked if the bill covered the carrying of "cloned embryos". Yes, we really went there...briefly.

Rep. Jamie Pedersen with Jon and Jennifer

There was also a mother and her son testifying, Jennifer and Jon, and they both did a wonderful job of explaining why a surrogate was needed to bring Jon into the world. I was really impressed by Jon's willingness to speak up for surrogacy and I know from previous testimony that this family has a loving friendship with their surrogate and family in CA.

Some of the people featured in this Seattle Times report from Monday March 14th were at this public hearing. Although this article states that I think the bill "goes overboard" that isn't the case. There are quite a few provisions in this HB 1267 that you would see in a very well written contract between surrogates and intended parents. Those same issues are simply reiterated here, however the one thing I would remove from this bill is the entire section pertaining to Traditional Surrogacy. (Where a woman uses her own eggs.) I just feel that the state is borrowing trouble with the way it is worded here. Traditional Surrogacy, in my opinion belongs under the adoption laws. (But that's just me...)

I am hoping that this bill at least makes it to the senate floor for a vote...that didn't happen last year. And if it doesn't pass this year there is always next but that is cold comfort to those who need surrogates now and really don't have the means to travel out of state.

Legalize Surrogacy in WA State! Please Support HB 1267

Washington State is giving another stab at passing a great bill into law (in my humble opinion), House Bill HB 1267. On Monday, January 24th, I arrived early at my states capitol in Olympia, ready to be heard. (Yes it was rainy but it is WA!)

Just in case you are drawing a blank, last year we tried to pass this same bill under different numbers, HB 2793. It didn't pass and so here we go again! Just a recap of what this bill stands for; HB 1267 expands and clarifies the rights and obligations of state registered domestic partners and other couples related to parentage AND establishes consistent standards and procedural safeguards for the protection of all parties involved in a surrogacy contract in this state and to confirm the legal status of children born as a result of these contracts. As things stand now, 'commercial' surrogacy is illegal but compassionate (unpaid) surrogacy arrangements are fine. However even women who are 'unpaid' are not protected and can be exploited. This law, the surrogacy portion of it, reads like a contract drawn up in any of the states that have laws and statutes regarding surrogacy already in place. But in Washington State issues that are 'suggested' in those contracts will be Mandated here. (read page 37).

I do have a couple of concerns here in regard to Traditional Surrogacy portion of this bill and in regard to the mandated disability insurance clause. But I think that those items will be discussed and hopefully cleared up before this bill hits the senate for a vote. (assuming it passes the House!)

Below is my testimony but know that I did ad lib a bit. I couldn't help myself after seeing several Intended Parents speak emotionally before me about the rigors and expense of going out of state in order to build their families via surrogacy. I could certainly agree with them, as you will read below!

"My name is Sharon LaMothe and I am the owner of an educational website on building a family through Assisted Reproduction Technology (ART) called Infertility Answers plus I am owner of LaMothe Services, a Reproductive Business Solutions Service and LaMothe Surrogacy Consulting, a Washington based consulting program to assist Intended Parents here in Washington (and other states) learn about the surrogacy process and what they need to do to make their dream of having a family via surrogacy a reality. I also owned a surrogacy agency in Florida which stopped taking new clients when I moved to the Seattle area in 2007.

Briefly, I am a past 2x Gestational Surrogate. I resided in New York State during my first surrogacy experience and because of the legalities in NY (very similar to WA states current laws) I was forced to leave the NY weeks before the twins were due and fly to Florida (where the laws are favorable for married couples) and give birth there in the Tampa Bay area. I gave birth via C-section so that operation added recovery time which kept me away from my husband and two young children a total of 6 weeks. Not only is it not wise to travel while pregnant, recuperating without your own family and friends around wasn't easy or desirable. However I was compelled to help my friends, the Intended Parents in this case, have the family that they always wanted. The contracts were drawn up in Florida and included some compensation. The psychological and medical screenings were done there as well as the actual embryo transfer. As you can see this took me out of NY state quite often at the IP's expense. I DID volunteer to be their Gestational Surrogate however it would have been MUCH less expensive and easier if I could have stayed in my home state not to mention my home town. (but we knew each other and they didn't want to work with a 'stranger')

My second surrogacy was for a same sex couple from Manhattan and although I had moved to Florida to run my now successful surrogacy agency with my business partner and to give birth, CT had passed a law where both fathers could be placed on the birth certificate. Because that was a favorable outcome for THEM I agreed to travel to CT for the birth of this second set of surrogate twins. I was away from my family once again for approximately 4 weeks and most of that in a hotel room at the Intended Parents expense. Needless to say that if Florida allowed both fathers to be on the birth certificate it would have been wonderful for all involved.

Because of my past experiences and those of other Surrogates and Intended Parents whom I had matched through my Florida Surrogacy Agency and knowing that Washington State does not allow compensated surrogacy arrangements, I have been working with couples who have been told that the only way they can have a biological child is via surrogacy. Often times the clinics have no further information to share and these intended parents feel like they are on their own with no guidance or information. They will turn to the Internet but swiftly find that they are overwhelmed with information that isn't understandable or pertinent to their unique circumstances. I have helped find agencies in states that they have family or friends in, find clinics that are cost effective, locate attorneys who are knowledgeable and experienced in contract negotiations and find mental heath professionals to help them through this emotional process. Some Intended Parents have family members or friends here in WA state who will waive any compensation and carry a baby for them. These people still need to have all the support and education they need to make an informed decision UP FRONT and that's where my expertize comes into play.

I feel that if this bill is finally passed into law we will see less travel out of our state and perhaps more people coming to WA to use the facilities that already offer services to families using assisted reproductive technology without the surrogacy component. (egg donation, IVF, IUI etc.) It would be more convenient, less expensive and conducive to great surrogacy relationships between IPs and the woman carrying a baby for them here in a state that would be supportive and have laws in place that would protect one and all."

I hope all my readers will support HB1267 and I will keep you posted on the results.