Inconsistent, highly variable, nonexistent, or unenforced surrogate laws among states exacerbates the legal complexity of surrogacy contracts or agreements and hinders the ability of judicial bodies to make sound and informed decisions whenever legal issues arise. Because ART technology exists and is effective, no benefit comes from banning or outlawing in-vitro techniques and consequently, the surrogates who participate in the process. Technological and innovative advances cannot be undone, but as the practice becomes more viable and accessible, regulation and legislation must be enacted to protect all parties explicitly and implicitly involved: the intended parents...
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...oitation of either surrogates or intended parents. When participating parties mutually consent to an arrangement and file this arrangement in a court of law, they are then legally bound to carry out all aspects of the arrangement; they cannot decide to back out of, forego, or neglect any responsibilities stipulated by the contract without being subjected to punishment by law.
Specifics of these contracts should be determined by the two parties, but federal policy must mandate that all contracts must contain a clause that requires the intending parents to provide for the basic expenses of a pregnancy and the basic needs of the surrogate during the
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