CHAPTER 428

FORMERLY

SENATE JOINT RESOLUTION NO. 4

AS AMENDED BY SENATE AMENDMENT NO. 1

PROVIDING FOR THE ESTABLISHMENT OF A CITIZENS TASK FORCE TO STUDY ALL THE RAMIFICATIONS, BOTH LEGAL AND ETHICAL AND TO MAKE RECOMMENDATIONS TO THE GOVERNOR AND MEMBERS OF THE GENERAL ASSEMBLY WITH RESPECT TO SURROGATE PARENTING IN DELAWARE.

WHEREAS, the New Jersey case presently pending litigation In the New Jersey courts, also known as "Baby M" for purposes of privacy concerning surrogate parenting has raised national attention and controversy and raised a considerable number of unanswered questions; and

WHEREAS, the practice of surrogate motherhood has grown dramatically In the past few years and is so relatively new that no states have yet enacted statutes or regulations making the practice or procedure legal; and

WHEREAS, the "Baby M" case doesn't only raise legal questions, but there are complex ethical issues in such cases as well, i.e. should women be encouraged to conceive children they will never raise; are they really mothers in the commonly accepted definition of motherhood or are they manufacturers of a product; and

WHEREAS, the State of Delaware should be legally prepared in the event we are faced with a similar situation In Delaware; and

WHEREAS, the proverbial expression an ounce of prevention Is worth a pound of cure" is legally and morally appropriate in every sense with respect to this most sensitive topic.

NOR, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 134th General Assembly of the State of Delaware, with the approval of the Governor, that there Is herein established a Citizens Task Force to study all the ramifications of surrogate parenting In Delaware and to make any recommendations to the Governor and members of the General Assembly with respect to the need for legislation on the subject of surrogate parenting.

BE IT FURTHER RESOLVED that the Citizens Task Force shall be composed of eleven (11) members, one of whom shall be a Senator appointed by the President Pro Tempore, one of whom shall be a representative appointed by the Speaker of the House, three members who shall be from the medical profession, two clergymen and four others from the general public, all of whom shall be appointed by the Governor and be it further resolved that each county and the City of Wilmington shall have representation on the panel.

BE IT FURTHER RESOLVED that the Task Force report its findings and any recommendations to the Governor and members of the General Assembly no later than April, 1988.

Approved April 13, 1987