A Trust Analysis of a Gestational Carrier's Right to Abortion

94 Pages Posted: 17 Apr 2007  

Kevin Yamamoto

South Texas College of Law Houston

Shelby AD Moore

South Texas College of Law Houston

Abstract

A Trust Analysis of a Gestational Carrier's Right to Abortion proposes that the relationship involving a gestational carrier, the intended parents and fetus is analogous to a trustee relationship in which the gestational carrier owes a fiduciary duty to the other parties. Due to this higher standard of care, the authors argue that the gestational carrier's right to abort can, and should, be restricted. Additionally, the article also provides an extensive review of the medical procedures involved in in vitro fertilization of a gestational carrier and examines and refutes various arguments proposed to support the unrestricted right to abortion.

Suggested Citation

Yamamoto, Kevin and Moore, Shelby AD, A Trust Analysis of a Gestational Carrier's Right to Abortion. Fordham Law Review, Vol. 70, p. 93, 2001. Available at SSRN: https://ssrn.com/abstract=981065

Kevin Yamamoto (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

Shelby AD Moore

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

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