Comments on: Regulating Surrogacy–But Only In Certain Cases

By: Surrogacy

Surrogacy — Sat, 19 Dec 2009 12:08:18 +0000

This was a wonderful opertunity for the mothers who could not able to give birth.
Thanks for sharing this information……

By: Surrogacy

Surrogacy — Sat, 19 Dec 2009 12:07:17 +0000

This was a wonderful opertunity for the mothers who could not able to give birth.
Thanks for sharing………..

By: Margaret Ryznar

Margaret Ryznar — Fri, 18 Dec 2009 06:23:52 +0000

The Indian Council of Medical Research recently drafted a proposed bill to regulate surrogacy in India, a hot spot for surrogacy for Americans. As I understand it, this Bill proposes that one of the intended parents should be a genetic donor when commissioning a surrogacy in India because, as summarized by the Indian Law Commission, “the bond of love and affection with a child primarily emanates from biological relationship” and this would reduce the chance for child abuse. It is also suggested that adoption is the proper way to have genetically unrelated children. Very interesting sentiments that might parallel what we’re seeing in the Model ABA Act?

By: dave hoffman

dave hoffman — Fri, 18 Dec 2009 02:09:56 +0000

Angel,

No, I understand – but that doesn\’t mean that contract law isn\’t regulating surrogacy! It means that it is functionally regulating \”surrogacy\” as a legal concept out of existence: what\’s left is the statutory rules on child support, etc.

It\’s interesting to think about why that some lawyer drafted the agreement (notwithstanding the background law)…

By: Solangel Maldonado

Solangel Maldonado — Fri, 18 Dec 2009 01:17:17 +0000

Dave,

In some jurisdictions, surrogacy agreements are contrary to public policy and are thus unenforceable. So the law of contracts doesn’t help in those states and judges are left to decide who is the child’s legal parent even though the surrogacy agreement clearly provides that the surrogate must relinquish all parental rights, if any.

By: dave hoffman

dave hoffman — Thu, 17 Dec 2009 19:38:50 +0000

I found the article a little bit confusing – -there is a very robust regulatory regime for surrogacy: the common law of contracts. It isn’t (of course) uniform, and it may produce odd results, but the law certainly has something to say about these agreements… What am I missing?