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Surrogacy and Adoption: A Case of Incompatibility

59 Pages Posted: 27 Nov 2009  

Barbara L. Atwell

Pace University - School of Law

Date Written: 1989


This Article adds to the ongoing debate over surrogacy, and suggests that, as currently practiced, surrogate parenting is an attempt to create a new form of independent adoption and that such agreements should not be enforced to the extent that they are incompatible with legitimate and well thought-out public policies expressed in state adoption statutes. Adoption is the method by which the state attempts to provide a suitable home for children whose biological parents are unable or unwilling to care for them. Because it results in a permanent severing of the legal ties between a child and his or her biological parents, adoption is strictly regulated by each state.

Suggested Citation

Atwell, Barbara L., Surrogacy and Adoption: A Case of Incompatibility (1989). Columbia Human Rights Law Review, Vol. 20, p. 1, 1989. Available at SSRN:

Barbara L. Atwell (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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