PIERRE, S.D. (AP) - A South Dakota House committee advanced a bill on Wednesday that would criminalize agents who facilitate commercial surrogate pregnancies in the state.
The proposed law would make acting as a surrogacy agent a misdemeanor punishable by up to a year in jail. The bill exempts “altruistic” surrogate pregnancies and allows for the surrogate and child’s healthcare costs to be covered.
The bill aims to make South Dakota one of a handful of states to ban commercial surrogacy contracts. It will next be considered by the full House.
Rep. Jon Hansen, the Dell Rapids Republican who introduced the bill, said commercial surrogacy “makes a commodity out of mothers and children.” He said there are no laws that regulate the contracts and that this loophole opens the door for abuse.
Former surrogates testified before the committee. One described commercial surrogacy as “exploitative,” while others said using agents ensures safety for all parties.
Kelly Martinez, a former surrogate from Custer, described how she carried children for couples from France and Spain, but regretted doing so after facing complications with one pregnancy and being dragged into legal issues with international adoption laws.
“My decision to be a surrogate has changed me forever, and not for the better,” Martinez said.
The South Dakota Catholic Conference supported the ban.
The founder of one surrogacy agency was called to defend commercial surrogacy contracts. Emilee Gheling, who runs Dakota Surrogacy, said surrogates give infertile couples a chance to start a family. She also said her agency conducts psychological screening on surrogates and couples trying to have a child and makes the surrogate’s health a top priority during the pregnancy.
Gheling said parents typically pay a surrogate mother from $15,000 to $25,000. The payments compensate her for the pain and discomfort of pregnancy, she said.
Gheling said her agency, the only South Dakota-based surrogacy agency she knew of, worked on six contracts in 2019, its first year of operation. She noted that South Dakota residents can enter into arrangements with agencies outside the state.
Naomi Ludeman Smith, a lobbyist for a South Dakota women’s group called LEAD, called the bill “sweeping” in criminalizing commercial surrogate agents. She called for more regulation of the contracts but opposed the bill because it went too far.
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