Opinion warns US surrogacy system is chaotic and may face bans after decades of legal battles

Arthur Caplan writes that the United States surrogacy framework is poorly managed, using the recent West case as a warning sign. He argues that the lack of clear rules could lead to broader bans.

The story references the 1986 incident involving Mary Beth Whitehead, who agreed to carry a child for a couple in exchange for $10,000, then fled with the baby to Florida, sparking a high‑profile custody fight.

The New Jersey Supreme Court ruled in 1988 that surrogacy contracts were void, returning parental decisions to family courts and ultimately granting custody to the intended parents.

Four decades later, Caplan says the system remains largely unregulated and ethically fraught, prompting calls for reform before stricter regulations or bans are imposed globally.