States of Confusion: Regulation of Surrogacy in the United States

COMMODIFICATION OF THE HUMAN BODY: A CANNIBAL MARKET (Eds. J.D. Rainhorn & S. El Boudamoussi) Editions de la Fondation Maison des Sciences de l’Homme, Paris, 2015.

Symposium "Globalisation and commodification of the Human Body: A Cannibal Market?", Brocher Foundation, Geneva), 2013/14

19 Pages Posted: 16 Jun 2015

See all articles by Seema Mohapatra

Seema Mohapatra

Indiana University Robert H. McKinney School of Law

Date Written: June 13, 2015

Abstract

Some countries, including Switzerland, Germany, Spain, France, Greece, and Norway, ban commercial surrogacy (Patton, 2010, p.523). Others, like India and the Ukraine, have actively tried to be seen as a commercial surrogacy destination (Mohapatra, 2012). Unlike either of these approaches, the United States (“U.S.”) has no national stance on surrogacy. In fact, there are no national laws or regulations related to surrogacy in the U.S. (Margalit, 2014). Instead, each of the fifty states has its own approach to surrogacy-with some states embracing commercial surrogacy and others banning all types of surrogacy (Patton, 2010). This chapter provides an overview of surrogacy in the U.S., focusing particularly in California, which has emerged as an international surrogacy hub due to its permissive laws regarding commercial surrogacy.

Keywords: Surrogacy, United States, California, Reproductive Tourism

Suggested Citation

Mohapatra, Seema, States of Confusion: Regulation of Surrogacy in the United States (June 13, 2015). COMMODIFICATION OF THE HUMAN BODY: A CANNIBAL MARKET (Eds. J.D. Rainhorn & S. El Boudamoussi) Editions de la Fondation Maison des Sciences de l’Homme, Paris, 2015., Symposium "Globalisation and commodification of the Human Body: A Cannibal Market?", Brocher Foundation, Geneva), 2013/14, Available at SSRN: https://ssrn.com/abstract=2617899

Seema Mohapatra (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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