Yehezkel Margalit, ‘In Defense of Surrogacy Agreements: A Modern Contract Law Perspective’

Abstract:
The American public’s attention was first exposed to the practice of surrogacy in 1988 with the drama and verdict of the Baby M case. Over the last twenty-five years the practice of surrogacy has slowly but surely become increasingly socially accepted and even welcomed. This evolution serves to emphasize the bizarre judicial and legislative silence regarding surrogacy that exists today in the vast majority of U.S. jurisdictions. In this article I describe and trace the dramatic revolution that took place during the recent decades as the surrogacy practice has totally changed from one viewed as problematic and rejected to a socially widespread and accepted practice. As set forth below, this recent shift demands increasing legal recognition of the legality of surrogacy contracts and moderate regulation of their enforcement …

Yehezkel Margalit, “In Defense of Surrogacy Agreements: A Modern Contract Law Perspective“. WILLIAM & MARY JOURNAL OF WOMEN AND THE LAW (2013).

First posted 2013-03-16 09:14:22

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