Why Are Some Abortion Opponents Looking To Ban Surrogacy?

Four years after the fall of Roe v. Wade upended federal protections for abortion access, abortion opponents have set their sights on a new target in the world of fertility: surrogacy.

A gestational surrogate is a woman who carries an embryo that was formed using the egg of another woman. Before the pregnancy, the surrogate also agrees to return the baby to its intended parents once born.

At its core, surrogacy is a contractual agreement. But because there’s no federal law regulating surrogacy agreements, it’s left up to state to decide how they can be enforced. That’s the issue at the heart of a high-profile legal dispute between an Alaska surrogate and a California couple.

Why are some abortion opponents looking to ban surrogacy? And could they succeed? And how does the patchwork of regulations that govern surrogacy agreements complicate the process?

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