In this portion, the word
"Partner" is assumed to indicate a steady Meaning individual of the different sex in a relationship bond.
“Cabinet secretary” is the head of the health docket
”gestational surrogacy” is indicated to mean the procedure in which a woman gives birth and carry’s a child through the process of vitro fertilization.
The purpose of the bill is to;
Provide an outline for the preservation and advancements of the procreative and well-being of women
Promote the health of women and ensure safe motherhood
Ensure that quality and inclusive delivery of healthcare services to both women and children
Maintain the standards of healthcare in women and children
1. (1) each individual possess the right to gestational surrogacy
(2) The Cabinet Secretary is mandated to institute and formulate regulations in regards to gestational surrogacy.
2. A surrogate parenthood contract is binding if--
(a) It has been done in writing and all parties are signatories to the contract therefore;
(b) It is signed while and in the jurisdiction of the United States.
(c) Both parties that is the husband and the surrogate mother at the time of signing and entering the legal bidding agreement are domiciled in the United State.
3. (1| In the instance that a parent is in a permanent relationship, the contract shall not be binding to the husband, wife or partner of the appointing parent that will have provided consent through writing to the binding agreement and is a member of the party to have been enjoined in the agreement.
(2) Where the surrogate mother is in a long term relationship presumably marriage that is permanent in nature, the agreement shall cease to be valid unless her partner or husband has accepted and provided consent to the legally binding agreement and has accepted to be a part of the contract.
(3) In cases and instances that the husband or partner of a surrogate mother that is not the biological parent of the child for illogical reasons decides to refuse to the assentation of the contract the parties will then proceed to make the agreement valid.
4. No surrogate parenthood agreements will be considered valid unless the child is born in the foreseen contract is to be affected by the application of gametes from both parties that have commissioned the agreement, however if that may prove untenable due to biological reasons or any other illogical causes then it must be done in writing to prove consent from the husband, partner and wife.
5. Parties may decide to be enjoined in a surrogate parenthood contract only when-
(a) The concerned parties that is the husband and wife do not have the ability to conceive a child and the situation is permanent and irreversible;
(b) The contracting parent, or parents-
(I) are in the regulations of this Act capable of being enjoined in an agreement;
(ii) Are suitable individuals in all areas to carry out their mandates and fulfill their responsibilities to the child that is to be born
(iii) Are aware of the consequences and are ready to accept the legal consequences of the binding contract and this act and in the fulfillment of their respective obligations;
(c) The surrogate mother-
(I) is in the wordings of this Act able to be enjoined in this agreement;
(ii) is suitable to act as a surrogate mother in all respects;
(iii) is ready to accept and gain a comprehensive apprehension of the contract in the Act and in the carrying out of her rights and obligations;
(IV) is not malicious and using gestational surrogacy as a source of income (Russel- Brown and Lynne p.525);
(v) Has a documented past of having to bear at least one child and has had a safe delivery; and
(vi) has a child of her own that is well and alive; contact, care, nurture and general welfare of the child that child in the case of death of the contracting parents or one of the parents, or in the instance of divorce and separation of the parents before the conception of the child; and
(e) In general, there should be concern and general regard concerning the circumstances between all family and personal matters of the individuals that are concerned, but of paramount importance is the in the interests of the child that will be conceived and the agreement can be affirmed (Buss, 6).
6. No synthetic fertilization of the surrogate mother is allowed to occur; before agreement on surrogate parenthood agreements is agreed upon and the provisions of section 10 are met.
7. (1) a surrogate parenthood contract ceases to exist through the termination of pregnancy that may be undertaken in the effecting of this Act.
(2) A potential or contract for the compensation of any monies owed to a surrogate mother. All other individuals that are in connection with a surrogate parenthood covenant or inn the implementation of such a contract is not implementable for-
(a) Reimbursement for costs that are directly related to the synthetic fertilization and pregnancy that occurs to the surrogate mother, the conception of the child and the assertion of the surrogate parenthood agreement;
(b) Loss accustomed to the surrogate mother that may be as a cause of the agreement of surrogacy parenthood; or
(c) The surrogate mother has been afforded insurance for any causes that might lead to death or disability that may be as a result of the pregnancy.
The laws will implemented at the state level through the help of the medical practitioners in the areas of state jurisdiction.
Works Cited.
Russell-Brown, Sherrie Lynne. "Parental Rights and Gestational Surrogacy: An Argument Against the Genetic Standard." Colum. Hum. Rts. L. Rev. 23 (1991): 525.
Buss, Emily. "Children's Associational Rights? Why Less Is More." U of Chicago, Public Law Working Paper 41 (2003).
