Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood
@article{Capron1988ChoosingFL, title={Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood}, author={Alexander M Capron and Margaret Jane Radin}, journal={Law, Medicine and Health Care}, year={1988}, volume={16}, pages={34 - 43} }
Among the many new forms of human reproduction,’ none raises more problems of public policy and of law than the practice of what is known, rather inaccurately, as “surrogate motherhood” or “surrogacy.”’ The central policy issue is settling on the paradigm that should govern surrogate motherhood, a model of family relations (adoption) or of contractual relations (sale of a product or service). And the central legal issue is whether any restrictions on personal choice that follow from the policy…
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