Kanye and Kim Kardashian West have announced they will be using a surrogate for the birth of their 3rd child after Kim admitted to suffering from placenta accrete during her last pregnancy, which resulted in an extremely painful birth. The use of a surrogate is not uncommon in Pennsylvania. For medical reasons the Hollywood couple decided it would be safer for both Kim and the baby to use a surrogate for the birth.
While using a gestational carrier is not necessarily uncommon, the law surrounding it is. The laws regarding surrogacy have yet to catch up with today’s technological advances, and courts in all jurisdictions have struggled with the issue. The 2006 Pennsylvania case,J.F. v. D.B. was one of the first in the state to address the issue.
The case involved a couple who hired a gestational carrier to bear children that she contributed no genetic material to. As per their signed agreement, the gestational carrier agreed that she would not attempt to form a bond with, and would relinquish any parental rights to, any children she bore as a result of the in vitro procedure. Despite this agreement, she took the triplets she gave birth to home, and subsequently fought for full custody. Although she was ultimately not successful in gaining custody, this case serves as a strong reminder of the complexity of surrogacy contracts and the importance of having legal representation to protect yourself should decide surrogacy is right for you. Contact one of our experienced lawyers today!