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Full-Text Articles in Law

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg Dec 2009

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Price And Pretense In The Baby Market, Kimberly D. Krawiec Jan 2009

Price And Pretense In The Baby Market, Kimberly D. Krawiec

Kimberly D. Krawiec

Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …


Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr. Jan 2009

Considering Mom: Maternity And The Model Act Governing Assisted Reproductive Technology, Charles P. Kindregan Jr.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Curing Law: On The Evolution Of Baby-Making Markets, Noa Ben-Asher Jan 2009

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 …