In this episode, we're joined by Kim Surratt, one of the nation’s leading attorneys in surrogacy and adoption law, to unpack the legal and ethical complexities shaping the surrogacy industry today. With over 20 years of experience in family law, Kim brings a candid look at where the system is working—and where it’s falling short.
From the patchwork of state-by-state laws to the risks of unregulated matching programs, Kim outlines the urgent need for stronger regulations, ethical safeguards, and consistent screening processes. She also sheds light on the thorny questions of birthright citizenship and the glaring gap in insurance coverage that leaves many surrogates and intended parents vulnerable.
Together, Erin and Kim explore the future of surrogacy law—and why reform is essential to protecting families, surrogates, and the integrity of the field itself.
Key Takeaways:
• Surrogacy laws vary widely across states, though more states are moving toward supportive legislation.
• A lack of licensing for agencies has led to inconsistent practices and, in some cases, unethical behavior.
• Proper screening of both surrogates and intended parents is often overlooked or inadequately performed.
• Birthright citizenship in surrogacy remains a complicated and evolving legal issue.
• Insurance policies frequently discriminate against surrogates, underscoring the need for reform.
• Efforts are underway to create centralized lists of disqualified surrogates to curb fraud.
• Comprehensive insurance coverage is critical to safeguarding all parties in the surrogacy process.
Chapters
02:12 Current Structure of Surrogacy Law in the US
05:59 Unethical Practices in Surrogacy
13:51 Challenges in Matching Programs and Agency Regulations
20:12 Screening Processes for Surrogates and Intended Parents
22:17 Background Checks and Surrogacy Screening
25:10 Challenges in Independent Surrogacy
27:47 The Role of Agencies in Surrogacy
29:55 Cost Considerations in Surrogacy
31:43 Professional Guidelines and Standards
34:04 Birthright Citizenship and Surrogacy
39:54 Insurance Coverage for Surrogacy
