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Should Compensated Surrogacy Be Permitted or Prohibited?

By Cornell Law School. International Human Rights Policy Advocacy Clinic and Delhi National Law University

Abstract

Surrogacy provides a way for infertile people, as well as same-sex couples and single individuals, to become parents. Surrogacy is permitted in most states in the United States. In New York, however, surrogacy contracts are void and unenforceable according to a 1992 law. The Child-Parent Security Act of 2017 (the CPSA) would repeal this prohibition, make surrogacy agreements enforceable, and permit surrogates to be compensated for the gestational care they provide. In this report, we review the landscape of state laws in the United States, laws around the world, moral concerns that led to the adoption of the current New York law, and international human rights considerations that are relevant to evaluating the CPSA. Based on this review, we support the CPSA and suggest some possible additional protections based on practices in other jurisdictions

Topics: Surrogate motherhood, Surrogacy, New York Child-Parent Security Act of 2017, Family Law
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2017
OAI identifier: oai:scholarship.law.cornell.edu:facpub-2685
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