In this essay the author comes to the following conclusions based upon a civil liberties analysis. First, surrogacy arrangements cannot be prohibited or criminalized. Second, the state cannot ban the exchange of money for surrogacy services, provided the money is paid for conception, gestation, and birth. Money, however, cannot be paid on condition that the gestational mother waive her parental rights over the child. Third, contractual provisions that require the gestational mother to waive her parental rights or her rights to privacy and autonomy are void and unenforceable. Fourth, when the child is born, both the gestational mother and the genetic father are the legal parents. If the gestational mother declines to relinquish her parental rights and a custody battle ensues, custody of the child should be determined under a "best interests" standard.
16 L. Med. & Health Care 7-17 (1988)
Scholarly Commons Citation
Gostin, Lawrence O., "A Civil Liberties Analysis of Surrogacy Arrangements" (1988). Georgetown Law Faculty Publications and Other Works. 771.