The Law of Surrogate Motherhood in the United States

Abstract

The law of surrogate motherhood in the United States is in a state of flux and confusion. States have widely differing laws, some enforcing surrogacy contracts, some banning them entirely, and some allowing them under certain circumstances. Many states have no laws regarding surrogacy contracts at all. No single statutory regime has won widespread acceptance. As a result, courts are often left to decide parenthood disputes arising from these contracts, and employ a range of theories by which to do so: intent, contract, genetics, gestation and, rarely, best interests of the child.

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