Talking Points - E2SHB 1267

Intent of the Bill:

"In the interests of full disclosure, the legislature declares in its good judgment that couples who are unable to have children be allowed to enter into womb rental agreements with low income women, lonely military wives or women with mental illness or disabilities.  The legislature endeavors by this chapter to allow wealthy couples to artificially create children using surrogate woman and sell them to wealthy couples for the greater good of Washington State.  In turn, the Baby Selling Act of 2011 will create jobs to women of lesser means and poorer circumstances.  All health and safety provisions, to include lifetime disability insurance, for the low income and disadvantaged mother will be adequately and fairly determined by private and hidden negotiation between the wealthy couple and the for profit fertility clinics and the disadvantaged mother."

Talking Points:

1. E2SHB 1267 authorizes the selling of children, making them a commodity. Children are human beings not commodities.
2. E2SHB 1267 has the potential of exploiting women. It also has the potential of fostering reproductive trafficking.
3. E2SHB 1267 would institutionalize the creation of children to be parented by members of one sex only (whether they be two people of the same-sex  or a single person not in a committed relationship).
4. We protect workers in our state, why allow the completely, unregulated hiring of a woman worker for over nine months in contradiction or violation of every labor law we have on the books. Especially at an industry that traditionally targets low income minority woman.  This bill, as it is written, overwhelmingly favors the rich over the poor, the business over the labor, and is compensated baby buying.  The poor woman takes all the bodily risk and the rich pay for the privilege?
5. This Bill legalizes the hiring or renting of a woman's body for the first time with no regulations or oversight.  Under current law, paid surrogacy is prohibited and considered a misdemeanor.  This bill will, for the first time, open the door to the hiring of women in a completely unregulated service contract for over nine months to rich, rapidly growing, commercial interest, with little or no regulation of hiring her labor services, involving special drugs, and all the hardships of nine months of pregnancy for minimal compensation.  Let's be clear, there is big money in this industry.
6. There are very few statistics and limited Government oversight about surrogacy. It is completely unregulated:
   a) Paid surrogacy has a history of rich interests taking advantage of low income woman in other countries.
   b) Like pay day loan businesses, targeting poor military families. Anecdotally, there is evidence of surrogacy businesses targeting poor military families because of the great military healthcare. It will happen here.
   c) It is a tragedy that some couples are unable to conceive, but an unregulated market that will take advantage of the growing number of woman dropping into poverty is wrong. Many states prohibit paid surrogacy.
7. Class issue: poor woman versus the rich:  Completely unregulated paid surrogacy is an issue of the rich, especially rich commercial interest taking advantage of the poor, especially poor minority woman.  This has been seen in India.  Do we really want to bring this industry to Washington?
8. Unclear who pays:  Under this bill, it is unclear if the surrogate mother has to pay for the mental and health care screenings rather than the intended parents or the commercial business.
9. Woman with Disabilities and Mental Illness are targeted for surrogacy for the first time:  Under current law, those women with disabilities and mental illness are prohibited from being used for surrogacy for obvious reasons.  This bill eliminates these protections for these women.  While all women receive a mental health screening, there are no standards.  Are we to trust the commercial business interests and intended parents to do the right thing.
10. The mother's insurance pays the bills: Under this bill, it is only optional that the intended parents pay the health care costs for this pregnancy and medical procedure.  Pregnancies and births can be expensive, especially if there are any emergencies and they do happen.  In a commercial, for profit business, it is wrong that the surrogate mother or her spouse's insurance company or her parents' insurance company or any government agency subsidize this cost for a commercial business transaction.
11. State and local funds will subsidize this:  While federal funds are prohibited for this for profit business transaction, there are no prohibitions preventing state or local government funds from subsidizing this business.  This is wrong and unfair.
12. No requirement to have life insurance for surrogate mother.
13. Surrogate mother pays for the life insurance:  Under this bill, the surrogate mother is liable to pay for a $250,000 term life insurance contract.  It is not fair and appropriate that the woman who gives up her body and labor for nine months has to pay for her own term insurance.  This is unfair and unjust.  We don't make other workers performing dangerous work pay for their own term life.
14. Permanent disability is capped at $27,000.  Under this contract, the surrogate mother is liable to pay for the$250,000 long term disability insurance policy and if one is not available, she gets only $27,000 for the rest of her life.  Is $27,000 for the rest of your life fair compensation for a permanent lifetime disability for a woman who gave up nine months of her life?  Imagine if we applied this small limit to workers compensation claims?  This in unfair and unjust.
15. No limits or background checks: Even someone in prison is able to buy a baby if he has the money.  Any person or couple can do this; all they need to do is complete a mental health exam, not pass one.  They do not even have to take or pass a criminal background check.
16. This completely bypasses or circumvents all adoption safety procedures. Adoption safety procedures are in place for a reason. This is an adoption, except in name. Gestational adoptions are adoptions. All adoption procedures are bypassed.
17. We will attract those from other states to our unregulated environment. Under this bill, like India or CA, this state will be a magnet for out-of-state individuals who want to take advantage of no laws or regulations for this immoral renting of a woman's body.
18. Redefines the family: This bill changes mother/father terminology to include same-gender couples, presuming that it does not matter, when scientific studies repeatedly show the importance of both father and mother. See Homosexual Parenting: Is It Time For Change? for more information.
19. Discriminates against heterosexual couples: Heterosexual couples have to have a medical reason to hire a surrogate; same-sex couples are automatically deemed eligible even if they are biologically able to have children.  This is not equality and will be overturned.
20. Will increase elective abortions in Washington state:  Many surrogate mothers abort "extra" babies after implantation.
21. It is optional for DOH to adopt rules:  Why is it optional for DOH to adopt rules for informed consent for the disabled and the mentally ill?

General Talking Points