Surrogacy Arrangements and the Conflict of Laws

85 Pages Posted: 6 Aug 2019

See all articles by Susan Frelich Appleton

Susan Frelich Appleton

Washington University in St. Louis - School of Law

Date Written: July 31, 2019


Based on research undertaken for the New Jersey Bioethics Commission in response to the controversy sparked by the Baby M case, this article explores whether states like New Jersey might effectively restrict surrogacy. In concluding that such states would face significant challenges in achieving their goal, the article demonstrates how parties committed to evading local restrictions can take advantage of more permissive regimes elsewhere, of prevailing approaches to choice of law, and of full faith and credit requirements. Along the way, the analysis considers the application of civil and criminal restrictions to multistate surrogacy arrangements, jurisdictional limitations for custody adjudications in contested surrogacy cases, and the possibility of national rules to govern surrogacy.

Keywords: assisted reproduction, choice of law, adoption, reproductive tourism

Suggested Citation

Appleton, Susan Frelich, Surrogacy Arrangements and the Conflict of Laws (July 31, 2019). 1990 Wis. L. Rev. 399, Washington University in St. Louis Legal Studies Research Paper No. 19-07-11, Available at SSRN:

Susan Frelich Appleton (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

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