Republicans in the House Judiciary committee are pushing forward a bill that criminalizes brokering commercial surrogacy.
That’s an arrangement where a surrogate mother is compensated beyond medical expenses for gestating an embryo.
The bill makes brokers who offer payments of money, advertise for, engage in or profits from commercial surrogacy guilty of a class one misdemeanor. It does not apply to the woman carrying the child, healthcare provider, or those who pay for healthcare expenses of said woman or child.
Emily Gehling is a co-founder of Dakota Surrogacy, based out of Sioux Falls. Rather than banning commercial surrogacy, she suggests regulating the practice.
“Of course, there is a risk that people take advantage of other people in every situation,” Gehling says. “That is why we are vigilant to adhere to all guidelines and best practices.”
The bill does not prevent or criminalize altruistic surrogacy.
The prime sponsor of the bill wants to prohibit brokers altogether.
Republican Representative Jon Hansen points to state law that charges a felony for buying a child through the state’s adoption services.
“In the surrogacy situation, you can try to pass all the regulations—like in California, they’ve passed a bunch of regulations,” Hansen says. “But there’s still problems, there’s still exploitation.”
Eleven Republicans voted in favor of sending the bill to the house floor. The lone Democrat in House Judiciary voted against the bill over concerns of criminalizing struggling couples who are looking for alternatives.