Surrogacy, Same-Sex ‘Marriage,’ and the Thirteenth Amendment, by Robert G. Marshall

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By Robert G. Marshall, American Life League, Inc., September 19, 2019

The Supreme Court’s same-sex marriage decision affirmed that same-sex couples must have the same “constellation of benefits” as traditionally married people:

“The right to marry . . . draws meaning from related rights of ‘childrearing, procreation.’”

While social elites have embraced the Court’s Obergefell decision, Mother Nature still exhibits a complete indifference to providing for procreation by same-sex couples. Not being deterred by “the Laws of Nature or Nature’s God,” the Court nevertheless proclaimed a “right” to childrearing and procreation for LGBTQ individuals interpreted to legally justify the right of same-sex couples to procure children through commercial surrogacy.

Even though commercial surrogacy advocates claim they are merely reimbursing women for their “services” as gestational mothers, surrogacy contracts which are enforceable in state courts require the actual delivery, not simply the carrying, of a child to the “Intended Parents.” In other words, the payment is finally to obtain the child.

The 1988 New York Surrogacy Task force notes,

“Many Task Force members view surrogate parenting as indistinguishable from the sale of children. . . .  Euphemisms like . . . ‘the provision of services,’ developed in part as marketing techniques . . . to obscure the nature of the transaction. The intended parents do not seek a pregnancy or services as the ultimate object of the arrangement; they seek the product of those ‘services’—the child.” (p. 118-119) ….