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Summary
Surrogacy laws are complex, impacting parental rights and child welfare. This article proposes viewing surrogacy contracts as revocable agreements, protecting the birth mother's rights and prohibiting paid surrogacy.
Area of Science:
- Family Law
- Reproductive Technology Law
- Bioethics
Background:
- Medical advancements provide alternatives to adoption for infertile couples.
- Surrogacy contracts raise significant legal questions regarding parental rights and the child's status.
Purpose of the Study:
- To analyze the legal issues and rights of all parties involved in surrogacy agreements.
- To propose legal frameworks for understanding and regulating surrogacy contracts.
Main Methods:
- Constitutional law analysis
- Family law principles review
- Surrogate contract examination
Main Results:
- Current legal frameworks inadequately address the complexities of surrogacy.
- A proposed model treats surrogacy as a revocable pre-birth agreement, prioritizing the birth mother's autonomy.
Conclusions:
- Courts should recognize surrogacy contracts as revocable pre-birth agreements.
- Paid surrogacy should be prohibited to prevent the commodification of children, aligning with anti-baby selling statutes.