December 03, 2019 Feature

UPA (2017): An Improvement—Except Where Genetic Surrogacy Is Concerned

By Richard B. Vaughn

Introduction

Arguably, no constituency has a greater stake in the status of state parentage laws than the families created by assisted reproductive technology. The Uniform Parentage Act of 2017 (“UPA” or “Act”) offers state lawmakers a greatly improved model that incorporates many best practices evolved by the assisted reproductive technology (ART) profession over the past three decades. Unfortunately, the Act singles out one type of surrogacy—genetic or “traditional” surrogacy—with special rules that threaten to undo decades of progress for establishing parental authority of intended parents.

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