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The Curing Law: On The Evolution Of Baby-Making Markets, Noa Ben-Asher
The Curing Law: On The Evolution Of Baby-Making Markets, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
The article offers a new paradigm to examine the legal regulation of reproductive technologies. The main argument is that a cure paradigm has shaped historical and current legal baby-making markets. Namely, reproductive technologies that have historically been understood as a cure for infertility (such as sperm donations and egg donations) have developed into market commodities, while others (such as full surrogacy) which have not been understood as a cure, have not. The article examines and critiques the cure paradigm. Specifically, the article challenges one current manifestation of the cure paradigm: the legal distinction between 'full surrogacy" (where a surrogate is …
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Surrogacy And Adoption: A Case Of Incompatibility, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
This Article explores the public policy doctrine relating to contracts generally and examines specific public policies set forth in state adoption statutes. The Article concludes that surrogate parenting agreements are 1) incompatible with consent provisions of state adoption statutes, 2) inconsistent with state laws prohibiting baby-selling, and 3) inconsistent with state adoption provisions that provide for a thorough investigation of the adoptive parents in order to ensure that the adoption serves the child's best interests. Accordingly, this Article suggests that as state legislatures debate the best means of addressing the issue of surrogate parenting, they should recognize that surrogate parenting …