Should Compensated Surrogacy Be Permitted or Prohibited?

26 Pages Posted: 20 Sep 2017 Last revised: 25 Sep 2017

See all articles by Sital Kalantry

Sital Kalantry

Cornell University - Law School

Date Written: September 18, 2017


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.

Keywords: surrogacy, infertility, CPSA, Child-Parent Security Act, international human rights, reproduction, baby selling, New York, surrogacy laws, compensation, CEDAW, ICESCR, ICCPR

Suggested Citation

Kalantry, Sital, Should Compensated Surrogacy Be Permitted or Prohibited? (September 18, 2017). Cornell Legal Studies Research Paper No. 17-41, Available at SSRN:

Sital Kalantry (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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