Law Commons^™

Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York, David F. Eisenberg

Pace Law Review

In opposition to New York’s current prohibition on surrogate parenting contracts, this paper will focus on explaining why, despite its controversial nature, New York should amend its existing law and permit the enforceability of such contracts. Here, common myths surrounding surrogacy will be debunked, arguments made to support the practice of surrogacy will be justified, and an alternative to the current statute will be offered. This alternative statute will propose legislation in a way that can protect New York’s social policy interests while still permitting the enforceability of surrogate parenting contracts.