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Chapter 41 - Surrogacy in Missouri

Published online by Cambridge University Press:  13 October 2016

E. Scott Sills
Affiliation:
Center for Advanced Genetics, California
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Summary

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Type
Chapter
Information
Handbook of Gestational Surrogacy
International Clinical Practice and Policy Issues
, pp. 314 - 320
Publisher: Cambridge University Press
Print publication year: 2016

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References

750 ILCS 47/1 et seq.Google Scholar
Mich. Comp. Laws Ann. § 722.855.Google Scholar
Mich. Comp. Laws Ann. § 722.859 (A nonparticipant, such as a lawyer or doctor, who participates in the formation or execution of a compensated surrogacy agreement, is committing a felony. A participant, such as the intended parents or gestational carrier, is committing a misdemeanor.)Google Scholar
Storey v. RGIS Inventory Specialists, LLC, 466 S.W. 3d 650, 654 (Mo. App. 2015).Google Scholar
Mo. Rev. Stat. § 568.175.Google Scholar
Sturgeon v. Allied Professionals Ins. Co., 344 S.W. 3d 205, 210 (Mo. App. 2011).Google Scholar
Centers for Disease Control and Prevention. 2001. Assisted Reproductive Technology Fertility Clinic Success Rates Report (Atlanta: CDC).Google Scholar
Centers for Disease Control and Prevention. 2005. Assisted Reproductive Technology Fertility Clinic Success Rates Report (Atlanta: CDC).Google Scholar
Centers for Disease Control and Prevention. 2012 and 2013. Assisted Reproductive Technology Fertility Clinic Success Rates Reports (Atlanta: CDC).Google Scholar
In 2015, the governor, attorney general, secretary of state, and state treasurer are all Democrats (www.mo.gov).Google Scholar
As of November 2, 2015, the Missouri House of Representatives consists of 116 Republicans, 43 Democrats, and 1 Independent. The Missouri Senate consists of 24 Republicans and 8 Democrats. Both state houses have been controlled, continuously, by Republicans since the 2004 elections (www.mo.gov., www.ballotpedia.org/Missouri_General_Assembly).Google Scholar
Mo. Rev. Stat §§ 210.817 et seq.Google Scholar
Mo. Rev. Stat. § 210.848.Google Scholar
Mo. Rev. Stat. § 210.826.Google Scholar
See Mo. Rev. Stat. § 210.819, which provides that the natural mother may be established by proof of her having given birth to the child.Google Scholar
See Mo. Rev. Stat. § 210.826.4 (if an action “is brought before the birth of the child, all proceedings shall be stayed except service of process”).Google Scholar
Mo. Rev. Stat. § 210.841.1.Google Scholar
Mo. Rev. Stat. § 210.841.2.Google Scholar
Mo. Rev. Stat. § 453.010.4.Google Scholar
Mo. Rev. Stat. § 453.080.1.Google Scholar
135 S. Ct. 2584 (2015).Google Scholar
See Mo. Rev. Stat. § 453.010.1, which provides “Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court.”Google Scholar
Mo. Rev. Stat. § 453.040: “Consent is not required from (2) A parent of a child who has legally consented to a future adoption of a child; (3) A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition; … (7) A parent who has for a period of … at least sixty days, for a child under one year of age, immediately prior to the filing of the petition for adoption, willfully abandoned the child.”Google Scholar
Mennesson v. France, Labassee v. France, ECHR, (September 26, 2014).Google Scholar
See In re Baby M., 537 A.2d 1227 (N.J. 1988). Baby M is the infamous case in which Mary Beth Whitehead, the traditional surrogate, changed her mind, took the baby, fled to Florida, and hid with the baby until she was tracked down by law enforcement. The New Jersey Supreme Court ruled that surrogacy contracts were void and unenforceable and gave certain parenting rights to the surrogate, although the court gave primary custody to the intended father (537 A.2d 1259–62).Google Scholar

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