ABSTRACT
Commercialized surrogate mothering is an unworkable arrangement for helping infertile couples to have children. The arrangement requires a woman to undergo artificial insemination, to sustain a pregnancy and to relinquish the child upon birth to the genetic father. During the course of the pregnancy, the arrangement calls for restrictions on the surrogate mother's behaviour and authority to make medical decisions concerning herself and the fetus. Such restrictions are unenforceable under contract law, and the usual social mechanisms to induce compliance are absent. If passed, these state laws could set a dangerous precedent for regulating women during pregnancy and standardizing the behaviour and medical care of pregnant women. Noncommercialized surrogate mothering does not pose these same threats, and is likely to continue for many years to come. Further, even if the baby is born with a problem, such as low birth weight, it is exceedingly difficult to connect the specific behaviour of the mother with a particular harm to the baby.
