The problem with the US surrogacy system

The United States does not regulate the surrogacy industry at all, which raises concerns about the lack of oversight and potential for abuse. Politically, the issue dates back to the inception of in vitro fertilization (IVF) when anti-abortion Republicans opposed efforts to regulate the technology due to their discomfort with creating and destroying embryos. Meanwhile, left-leaning individuals were wary that such regulation could lead to the government controlling family formation.

Surrogacy agencies that connect prospective parents with potential surrogates exist, but there is no federal requirement for licensing or oversight. This has given rise to "pop-up" agencies that can spring up without accountability, leading to potential deception and poor preparation for those seeking assistance.

Notable high-profile cases have highlighted the chaotic nature of the American surrogacy system. In the Mark surrogacy case, a Chinese intended parent was accused of bringing multiple children to the United States, fueling fears of birth tourism and potential national security threats. In Texas, McKenna West challenged the termination of her parental rights when she refused an abortion for a fetus with significant health issues, ultimately seeking custody in the Supreme Court.

Meanwhile, in Florida, Kyla Simpson faced legal battles over the adoption of her children by a single dad in China, leading to ongoing custody disputes in the courts. These cases demonstrate the significant challenges and legal complexities surrounding the American surrogacy industry.