Surrogacy, Autonomy, and Equality

2020 Global Constitutionalism Seminar Volume, Yale Law School

98 Pages Posted: 8 Dec 2020

See all articles by Douglas NeJaime

Douglas NeJaime

Yale University - Law School

Reva Siegel

Yale University - Law School

D Barak-Erez

affiliation not provided to SSRN

Date Written: September 11, 2020

Abstract

This Chapter provides background material for conversations held at the 2020 Global Constitutionalism Seminar (a part of the Gruber Program on Global Justice and Women’s Rights) at Yale Law School.

As surrogacy becomes widespread, it may call for new forms of judicial response. This Chapter surveys the different ways that surrogacy is practiced across borders, and the different ways the practice has been criticized and valued. After considering some of these debates (does surrogacy exploit and commodify women or empower them to pursue their own autonomous life ends?), the Chapter then turns to critical issues surrounding surrogacy legislation. It examines the ability of individuals, including unmarried and LGBTQ individuals, to access surrogacy for family formation. And it addresses the interests of individuals serving as surrogates, including questions of compensation and decision-making during pregnancy. Finally, the Chapter examines questions of parental recognition, implicating the constitutional interests of the intended parents, the person serving as the surrogate, and the child. By exploring how courts, legislatures, and human rights tribunals have addressed surrogacy transnationally, the Chapter shows that the meanings and implications of surrogacy vary across contexts and depend on how the practice is structured and regulated.

Keywords: surrogacy, autonomy, equality, comparative, parentage, family, transnational, global, constitutional, human rights, feminism

Suggested Citation

NeJaime, Douglas and Siegel, Reva B. and Barak-Erez, D, Surrogacy, Autonomy, and Equality (September 11, 2020). 2020 Global Constitutionalism Seminar Volume, Yale Law School, Available at SSRN: https://ssrn.com/abstract=3732265 or http://dx.doi.org/10.2139/ssrn.3732265

Douglas NeJaime (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Reva B. Siegel

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
203-432-6791 (Phone)

D Barak-Erez

affiliation not provided to SSRN

No Address Available

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
159
Abstract Views
614
rank
223,856
PlumX Metrics