Digital Commons Network^™

Voiding Surrogacy Contracts To Protect Children: A Blueprint For New Mexico, Jay R. Combs

Student Thesis Honors (1996-2008)

This Paper analyzes the problems created by the enforcement of surrogacy contracts and proposes legislation by which the State of New Mexico can proactively protect its children and parents from the social and legal dangers of surrogacy contracts. First, this Paper will explore three of the most compelling policy reasons for voiding surrogacy contracts: (1) the societal consequences of allowing the redistribution of procreation through contract; (2) "maternal" arguments for the protection of the hired surrogate; and (3) current policies which are embedded in New Mexico Statutes. Second, this Paper will analyze other state statues which have voided surrogacy contracts. …