SB 162 would make surrogate motherhood contracts enforceable in
Louisiana courts for married couples. Smith argues this from his own personal experience
in the matter, saying that under the present unregulated system that couples
whether married in the state can contract for this service but the contracts
can be abrogated without penalty. Even after successful birth, then adoption
must occur as the child legally is the mother’s who bore him, costing time and
money.
Most states regulate the practice, and this version has drawn
opposition. One complaint is that it precludes unmarried couples from falling
under the new legal protection. But it makes no sense for this to occur in
anything but a marriage between one man and one woman. Same-sex unions by
definition cannot produce children, and why should the state support an attempt
between a man and a woman not married to each other when the state recognizes
and subsidizes through policy marriage as a means to reproduction?