Saturday, May 8, 2010

Gestational Surrogacy Law, Nebraska Edition

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Another in our series of posts highlighting the laws of the land in our 50 states (and one district!) in regards to Surrogacy:

Did you know that Nebraska was the only state that has a unicameral legislature (Meaning only one chamber, instead of the usual state Senate and House)?

Also, the state that gave birth to both Kool Aid and Warren Buffett also boasts the largest Czech-American population (as a percentage of the total population) in the nation.

And you probably weren’t aware of these important laws in the Cornhusker State:

If a child burps during church, his parent may be arrested.
 
Doughnut holes may not be sold

It is Illegal to go whale fishing.

It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup.

It is illegal for a mother to give her daughter a perm without a state license.
 
Sneezing or burping is illegal during a church service.
 
A man is not allowed to run around with a shaved chest.
 
Barbers are forbidden from eating onions between 7 AM and Noon.

Maybe not as stinky as a barber with onion breath, but Nebraska’s legal stance on gestational surrogacy smells to high heavens as well.

Nebraska law declares compensated surrogacy agreements void and unenforceable, but it is possible that the law would uphold uncompensated agreements. In 2002, the Nebraska Supreme Court declared that state law does not permit “two non-married persons to adopt a minor child, no matter how qualified they are.” One can infer from such a decision that a Nebraska court might look unfavorably upon a surrogacy agreement involving lesbian, gay, bisexual or transgender individuals.

 

 

Tuesday, February 16, 2010

BREAKING NEWS: Legal Update In Wash. State

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GuestWomb will try to take credit for this, too.

In the very best tradition of Steven Colbert: Score one for GuestWomb!

Lawmakers in the state of Washington have succumbed to the pressure of humiliation and scorn, arising from their recent lampooning in GuestWomb.com:

State House says paid surrogacy should be legal

Women in Washington should be allowed to collect money for becoming surrogate mothers, the state House decided Monday.

By BRIAN EVERSTINE

The Associated Press

OLYMPIA — Women in Washington should be allowed to collect money for becoming surrogate mothers, the state House decided Monday. On a 59-39 vote, lawmakers approved a bill that would allow women be paid for serving as a “gestational surrogate” — meaning they carry a child, but are not its biological mother.

Under the bill, House Bill 2793, surrogates would have to be at least 21 and have previously given birth to a child. Additional requirements include obtaining medical coverage for the pregnancy and immediately after birth, passing mental and physical examinations, and signing a written consent form. Prospective parents also would have to meet certain requirements, including a mental health evaluation and an affidavit from a doctor attesting to a medical need for surrogacy. Gay and lesbian couples, however, wouldn’t need a doctor’s certification.

Just as I was beginning to think that Washington’s lawmakers are a progressive bunch, the story takes a decided turn to the absurd:

Opponents of the bill said introducing money into the decision raises a risk of women becoming “factories” to carry children.

“Money is often a crucial factor that would cause a woman to hire out her body,” said Rep. Norma Smith, R-Clinton. “Will these women have no identity apart from being a suitcase to carry a developing infant? How far will they be pushed into invisibility as a surrogate?”

Ha. Surrogates pushed into invisibility. That’s a good one. Hasn’t she read this?

Why do I suspect Ms. Smith is a Sarah Palin supporter?

In other Washington state law:

It is illegal to pretend that one’s parents are rich.

It is illegal to buy a mattress on Sunday.

It is  illegal to sleep in an outhouse without the owner’s permission.

In Spokane, Wash., it used to be illegal to interrupt a religious meeting by having a horse race. Thankfully, this onerous law has been repealed.

 

Thursday, January 28, 2010

More Surrogacy Law — Washington State

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Another in a series of silly surrogacy laws.

From the Pacific Northwest, where people don’t tan…they rust (rim shot) I bring you the laws of the land in the great state of Washington:

It is illegal to paint polka dots on the American flag

All lollipops are banned.

X-rays may not be used to fit shoes.

A law to reduce crime states: “It is mandatory for a motorist with criminal intentions to stop at the city limits and telephone the chief of police as he is entering the town.

One may not spit on a bus.

In Seattle, they are getting REALLY tough on crime because: You may not carry a concealed weapon that is over six feet in length.

And the Emerald City is strict in other ways too: Women who sit on men’s laps on buses or trains without placing a pillow between them face an automatic six-month jail term.

No one may set fire to another person’s property without prior permission.

It is illegal to carry a fishbowl or aquarium onto a bus because the sound of the water sloshing may disturb other passengers.

Meanwhile, the city of Everrett declares that it’s illegal to display a hypnotized or allegedly hypnotized person in a store window.

And finally in the metropolis of Wilbur, the city father’s have declared: You may not ride an ugly horse.

Ugly is a good way to describe the Evergreen’s state’s stance on surrogacy contracts. The law prohibits surrogacy contracts for compensation over and above medical expenses as against public policy. No person (including lawyers, agencies or organizations) may enter into, induce, procure or otherwise assist in the formation of a surrogacy contract for compensation.

Any person or agency who intentionally violates this provision is guilty of a gross misdemeanor.

 

Thursday, December 17, 2009

It’s Surrogacy Law — Virginia

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Newton during his USO show at the Patriotic Fe...
Image via Wikipedia

  

Another in our series of posts highlighting the laws of the land in our 50 states (and one district!) in regards to Surrogacy:

From the state that produced 8 US Presidents, the Pentagon and Wayne Newton (really), we present just a few of the laws of Virginia:

Citizens must honk their horn while passing other cars.

It is illegal to tickle women.

No animal may be hunted for on Sunday with the exception of raccoons, which may be hunted until 2:00 AM.

In Culpepper, VA, No one may wash a mule on the sidewalk.

Meanwhile, over in Frederick, VA any person who owns a pool risks a $2500 fine for not closing the gate to the pool when they get done swimming in it.

And in Norfolk, women must wear a corsette after sundown and be in the company of male chaperone.  And yet, a man may face 60 days in jail for patting a woman’s derriere.

Also: Spitting on a sea gull is not tolerated.

Finally, in Waynesboro, VA it is illegal for a woman to drive a car up Main Street unless her husband is walking in front of the car waving a red flag.

Speaking of red flags: Gestational Surrogacy contracts are most unwelcome in the Old Dominion. And especially our relationship with the IPs, Barb and Michelle.

Virginia surrogacy law prohibits compensated surrogacy, as well as excluding same-sex couples from participation in surrogacy arrangements. In fact, Virginia surrogacy law mandates the intended parents be defined as a married man and woman.

It is also a criminal offense in Virginia to pay an agency or lawyer to find a surrogate. To make matters even more complex, the surrogate mother has up to 25 days after the birth to nullify the previous arrangements and keep the baby herself.

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Saturday, October 31, 2009

It’s the law — Michigan

Posted by Steven under Controversy, Silliness, Surrogacy 101 | Tags: , |
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The first of a series of posts examining the law and surrogacy. 

In America’s Oven Mitt, the great state of Michigan, it’s the law:

A woman isn’t allowed to cut her own hair without her husband’s permission.

It is illegal for a man to scowl at his wife on Sunday.

No person shall throw an abandoned hoop skirt into any street or on any sidewalk, under penalty of a five- dollar fine for each offense.

It is illegal to paint sparrows to sell them as parakeets.

And finally in Rochester, MI:

All bathing suits must have been inspected by the head of police.

Not quite as pervy, but every bit as ridiculous: Michigan’s view on Gestational Surrogacy. The contractual arrangement that Michelle has with the IPs is expressly outlawed in this backward state. In fact, if we lived in the Wolverine State, Michelle could be sitting in a jail cell. (Orange maternity wear?)

While the half abandoned cities of Detroit, Flint, Pontiac and others smoulder in economic ruin, the state government has been very busy inserting itself into surrogacy arrangement. Michigan has one of the strictest laws prohibiting surrogacy contracts, not only holding them unenforceable, but also imposing fines and jail time on anyone who enters into such a contract (up to five years and $50,000 for some).

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