Tiffany Burke from Bellingham, Washington, wanted to help her brother and sister-in-law out. When her brother and his wife discovered that they could not have children, she stepped in and offered to be a surrogate. The story was featured on CNN’s Sanjay Gupta, MD, but received a volley of varying responses. Some argued that Burke was guilty of incest for carrying her brother’s baby, while others believe that the story was heart-warming. Burke created a blog called “A Belly for Me, A Baby for You” in order to address the dozens of questions she was receiving about her choice to carry her nephews. Burke is due with two twin boys in December.

Burke says that her new blog will help to educate the public about surrogacy and infertility. She explained online that she wants parents that are suffering because of their inability to conceive to know that surrogacy is a viable option. Much like adoption, surrogacy is a way that an infertile couple can become parents. Burke has explained that her sister-in-law, Natalie, and brother, James, already have one son, who was born in 2010. Unfortunately, Tiffany’s in-law bled so profusely during her pregnancy that she was given an emergency hysterectomy, ending her ability to bear more children. The couple thought about adoption, but the Natalie feared that she couldn’t love an adopted child with the same fervency that she adores Hunter.

Instead, the couple chose to undergo gestational surgery. This is when a mother’s egg is fertilized with a husband’s sperm and then implanted in a surrogate. When Tiffany Burke volunteered to be that surrogate, Natalie and James were thrilled. Burke already has two sons, and knows how to stay healthy while carrying a baby. She feared that if Natalie and James chose a stranger as the surrogate mother, that woman might smoke or drink, damaging the baby. After Burke’s story was released to the public, critics claimed that she was committing incest by carrying her brother’s children. Burke squelched those comments by reminding readers that the baby was not hers, and that the fertilized egg was placed inside of her. As well, she announced that James is her adopted brother, so they have no biological ties.

Surrogacy is slowly becoming a popular option for couples that are infertile as well as homosexual couples who cannot bear children together naturally. Babies born to gestational surrogates increased 89 percent between 2004 and 2008. There is not much data out there about the relationships between the gestational parents and the surrogate, who can be a stranger, a friend, or in this case a family member. Another recent surrogate story involved a surrogate mother who carried a child for her daughter and son-in-law. Essentially, the mother gave birth to her grandson. In Burke’s case, her brother has paid for all of her medical expenses, but cannot pay her beyond that for her services. This is because of a Washington law which does not allow women to “rent themselves” for surrogacy.

There are a variety of laws that govern the up-and-coming popularity of surrogacy. The practice is banned in the state of Arizona, both as a paid and unpaid practice. The District of Columbia also won’t allow men and women to practice surrogacy. In Michigan and New York, violating a surrogacy contract can come with punishments. While the relationships are allowed, they must abide by very specific rules. In some states, such as Nebraska, and Kentucky, surrogacy contracts are void, and the surrogate mother can choose to keep the child if she desires. Because this relationship is an up-and-coming trend, many states have yet to work out the various debates regarding surrogate mothers and gestational parents. Talk to a family lawyer if you have questions about surrogate parenthood and the laws in your state regarding this practice.