Abstract

http://ssrn.com/abstract=2072399
 


 



'The Phantom Children of the Republic': International Surrogacy and the New Illegitimacy


Richard F. Storrow


City University of New York School of Law

2012

American University Journal of Gender, Social Policy & the Law, Vol. 20, No. 3, 2012

Abstract:     
This paper examines the new illegitimacy in Europe, a continent that embraces a much more robust commitment to marriage equality than we find in the United States and that has rejected discriminatory treatment of children born out of wedlock. The new illegitimacy in Europe results from the entrenchment of the principle that the legal mother of a child is always the gestational mother and the widespread disapproval and legal prohibition of surrogacy the principle entails. When citizens of countries that ban surrogacy choose to pursue surrogacy elsewhere, they and their children meet with hostility, opprobrium and exclusion upon their return. The resort to surrogacy abroad subjects these families to legal disabilities that recall the disadvantageous treatment of children born out of wedlock under what are now considered discriminatory legal regimes that violate human rights norms. This paper explores the resurgence of illegitimacy in Europe and reflects on the practice implications for attorneys advising couples and individuals who wish to use surrogacy in other countries.

Number of Pages in PDF File: 49

Keywords: surrogacy, illegitimacy, children born out of wedlock, nonmarital children, assisted reproduction, reproductive tourism, discrimination

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Date posted: June 3, 2012  

Suggested Citation

Storrow, Richard F., 'The Phantom Children of the Republic': International Surrogacy and the New Illegitimacy (2012). American University Journal of Gender, Social Policy & the Law, Vol. 20, No. 3, 2012. Available at SSRN: http://ssrn.com/abstract=2072399

Contact Information

Richard F. Storrow (Contact Author)
City University of New York School of Law ( email )
2 Court Square
Long Island City, NY 11101-4356
United States
(718) 340-4538 (Phone)
HOME PAGE: http://www.law.cuny.edu/faculty/directory/storrow.html
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