Baby M Turns 30: The Law and Policy of Surrogate Motherhood

American Journal of Law & Medicine
Eric A Feldman

Abstract

This article marks the 30th anniversary of the Supreme Court of New Jersey's Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature. First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be taken to minimize the potential exploitation of women who are willing to rent their wombs for income? Third, what criteria should govern the eligibility to serve as a surrogate mother and an intended parent? Fourth, what principle(s) should serve as the basis for determining the parentage of children born through surrogacy? Fifth, is regulatory uniformity in the surrogacy realm desirable? Is it achievable? The article concludes that courts and legislatures should accept the validity of surrogacy contracts, determine parentage according to intent, and identify transparent criteri...Continue Reading

References

Nov 1, 2006·The Journal of Social Issues·Janice C Ciccarelli, Linda J Beckman
Oct 25, 2016·Journal of Law and the Biosciences·John A Robertson
Jan 13, 2017·Science Translational Medicine·I Glenn CohenEli Y Adashi

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Citations

Nov 17, 2020·The New Bioethics : a Multidisciplinary Journal of Biotechnology and the Body·Marsha J Tyson Darling

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