front cover of Labor of Love
Labor of Love
Gestational Surrogacy and the Work of Making Babies
Jacobson, Heather
Rutgers University Press, 2016
While the practice of surrogacy has existed for millennia, new fertility technologies have allowed women to act as gestational surrogates, carrying children that are not genetically their own. While some women volunteer to act as gestational surrogates for friends or family members, others get paid for performing this service. The first ethnographic study of gestational surrogacy in the United States, Labor of Love examines the conflicted attitudes that emerge when the ostensibly priceless act of bringing a child into the world becomes a paid occupation.  
 
Heather Jacobson interviews not only surrogate mothers, but also their family members, the intended parents who employ surrogates, and the various professionals who work to facilitate the process. Seeking to understand how gestational surrogates perceive their vocation, she discovers that many regard surrogacy as a calling, but are reluctant to describe it as a job. In the process, Jacobson dissects the complex set of social attitudes underlying this resistance toward conceiving of pregnancy as a form of employment. 
 
 
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front cover of The Paternity Test
The Paternity Test
A Novel
Michael Lowenthal
University of Wisconsin Press, 2018
Having a baby to save a marriage—it’s the oldest of clichés. But what if the marriage at risk is a gay one, and having a baby involves a surrogate mother?
    Pat Faunce is a faltering romantic, a former poetry major who now writes textbooks. A decade into his relationship with Stu, an airline pilot from a fraught Jewish family, he fears he’s losing Stu to other men—and losing himself in their “no rules” arrangement. Yearning for a baby and a deeper commitment, he pressures Stu to move from Manhattan to Cape Cod, to the cottage where Pat spent boyhood summers.
    As they struggle to adjust to their new life, they enlist a surrogate: Debora, a charismatic Brazilian immigrant, married to Danny, an American carpenter. Gradually, Pat and Debora bond, drawn together by the logistics of getting pregnant and away from their spouses. Pat gets caught between loyalties—to Stu and his family, to Debora, to his own potent desires—and wonders: is he fit to be a father?
    In one of the first novels to explore the experience of gay men seeking a child through surrogacy, Michael Lowenthal writes passionately about marriages and mistakes, loyalty and betrayal, and about how our drive to create families can complicate the ones we already have. The Paternity Test is a provocative look at the new “family values.”
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front cover of Surrogate Motherhood
Surrogate Motherhood
The Legal and Human Issues, Expanded Edition
Martha A. Field
Harvard University Press, 1990

With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements

A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy.

A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants.

In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.

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