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Our Baby, Her Choices: The Need for Enforcement of Gestational Surrogate Contracts
Author(s) -
Lollo Samantha
Publication year - 2018
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/fcre.12330
Subject(s) - statute , enforcement , law , abortion , political science , term (time) , order (exchange) , business , law and economics , economics , pregnancy , physics , finance , quantum mechanics , biology , genetics
Many women in the Unites States have difficulty getting pregnant or carrying a baby to term. As a result, many couples turn to gestational surrogacy. Surrogacy became public in the United States in the late 1970s. In the mid 1980s, disputes began to arise and are still prevalent today. Courts first attempted to resolve these disputes by looking for public policy guidelines. However, the results were inconsistent. Still today, there is no uniform law. Even in states where surrogate contracts are legal, courts have refused to order specific performance to enforce abortion or reduction provisions. However, courts should not shy away from this. This Note proposes a federal statute mandating that gestational surrogate contracts be enforced thus protecting the rights of intended parents.