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Surrogate Motherhood: Babies for Fun and Profit

Published online by Cambridge University Press:  28 April 2021

Angela R. Holder
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Extract

Surrogate motherhood has captured the attention of both the media and the legal profession in the past several years. Courts faced with litigation on surrogate motherhood have uniformly taken the position that these arrangements are contrary to public policy, and have refused to compel the specific performance of these contracts? It is my position that these rulings have been correct, and that if surrogate motherhood is to be considered legally acceptable in this country (which I think it should not be ) then state legislatures must act to legalize the contracts drawn up for these arrangements.

The procedure for surrogate motherhood is usually initiated by either a married couple, of whom the wife is infertile, or by a single man. In either case, a contract is made with a fertile woman; the woman is to be artificially inseminated with the man's sperm. Generally, this is done in exchange for a large sum of money. At the time that the baby is born, the surrogate mother surrenders the child for adoption by the wife (in the case of a married couple) and presumably by the father to regularize his relationship with the child.

Type
Article
Information
Law, Medicine and Healthcare , Volume 12 , Issue 3 , June 1984 , pp. 115 - 117
Copyright
Copyright © American Society of Law, Medicine and Ethics 1984

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References

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