Surrogacy: An Argument for Change

Abstract

This article argues that surrogacy is legally unethical and difficult to contractually legitimize. I will assess the case entitled In the Matter of Baby M, which was the first American court case that challenged the legal validity of surrogacy, specifically within the scope of contract law. This case supports the argument that surrogates are unable to accurately gauge the extent of the impact that the surrogacy process will have on them. This case additionally delegitimizes surrogacy contracts by highlighting the lack of consent available for participating parties. When surrogates are uninformed about the ranging effects of the surrogacy process, they are unable to provide full consent, and therefore any contracts made with them should be nullified.statement rule. This shift reshaped principles of separation of powers, eliminating any need for Chevron deference.