Skip to main content Accessibility help
×
Hostname: page-component-594f858ff7-hf9kg Total loading time: 0 Render date: 2023-06-06T17:58:11.738Z Has data issue: false Feature Flags: { "corePageComponentGetUserInfoFromSharedSession": false, "coreDisableEcommerce": false, "corePageComponentUseShareaholicInsteadOfAddThis": true, "coreDisableSocialShare": false, "useRatesEcommerce": true } hasContentIssue false

Chapter 41 - Surrogacy in Missouri

Published online by Cambridge University Press:  13 October 2016

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

Summary

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Chapter
Information
Handbook of Gestational Surrogacy
International Clinical Practice and Policy Issues
, pp. 314 - 320
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

750 ILCS 47/1 et seq.
Mich. Comp. Laws Ann. § 722.855.
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.)
Storey v. RGIS Inventory Specialists, LLC, 466 S.W. 3d 650, 654 (Mo. App. 2015).
Mo. Rev. Stat. § 568.175.
Sturgeon v. Allied Professionals Ins. Co., 344 S.W. 3d 205, 210 (Mo. App. 2011).
Id.
Centers for Disease Control and Prevention. 2001. Assisted Reproductive Technology Fertility Clinic Success Rates Report (Atlanta: CDC).
Centers for Disease Control and Prevention. 2005. Assisted Reproductive Technology Fertility Clinic Success Rates Report (Atlanta: CDC).
Centers for Disease Control and Prevention. 2012 and 2013. Assisted Reproductive Technology Fertility Clinic Success Rates Reports (Atlanta: CDC).
In 2015, the governor, attorney general, secretary of state, and state treasurer are all Democrats (www.mo.gov).
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).
Mo. Rev. Stat §§ 210.817 et seq.
Mo. Rev. Stat. § 210.848.
Mo. Rev. Stat. § 210.826.
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.
Id.
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”).
Mo. Rev. Stat. § 210.841.1.
Mo. Rev. Stat. § 210.841.2.
Mo. Rev. Stat. § 453.010.4.
Mo. Rev. Stat. § 453.080.1.
135 S. Ct. 2584 (2015).
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.”
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.”
Mennesson v. France, Labassee v. France, ECHR, (September 26, 2014).
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).

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×