Choice of Law for Surrogacy Agreements: In The In-Between of Status and Contract

16 Journal of Private International law 138 (2020)

Hebrew University of Jerusalem Legal Research Paper 20-19

27 Pages Posted: 9 Jul 2020 Last revised: 16 Jul 2020

See all articles by Sharon Shakargy

Sharon Shakargy

Hebrew University of Jerusalem - Faculty of Law

Date Written: August 15, 2019

Abstract

Surrogacy agreements regulate various matters, including parentage, consent to medical procedures, the performance of a very personal service, and monetary compensation. All these questions, which jointly structure the surrogacy, are bundled up together, separated only by extremely fine lines. Collectively, they comprise the basis upon which local and transnational surrogacies are executed. Legislators world-wide hold different positions on the matter of surrogacy in general and on the regulation of each sub-issue in particular; thus, the enforceability and possible outcomes of the procedure vary, depending on the law governing it. As such, it is crucial for the parties to know which law will apply to the surrogacy they are planning. Application of law is usually made by each country’s choice-of-law rules, which at this time are generally non-existent. This paper suggests guidelines for drafting rules to regulate these special agreements and adequately balance the different interests involved.

Keywords: Surrogacy, Contracts, Parenthood, Choice of Law, Status

Suggested Citation

Shakargy, Sharon, Choice of Law for Surrogacy Agreements: In The In-Between of Status and Contract (August 15, 2019). 16 Journal of Private International law 138 (2020), Hebrew University of Jerusalem Legal Research Paper 20-19, Available at SSRN: https://ssrn.com/abstract=3528226

Sharon Shakargy (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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