Surrogacy Arrangements and the Conflict of Laws
1990 Wis. L. Rev. 399
85 Pages Posted: 6 Aug 2019
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
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