Ethics, law, and commercial surrogacy

A call for uniformity

Katherine Drabiak, Carole Wegner, Valita Fredland, Paul Helft

Research output: Contribution to journalArticle

25 Citations (Scopus)

Abstract

In the United States at this time, no uniform federal law exists regarding commercial surrogacy, and state statutory schemes vary vastly, ranging from criminalization to legal recognition with contract enforcement. The authors examine how commercial surrogacy agencies utilize the Internet as a means for attracting parents and surrogates by employing emotional cultural rhetoric. By inducing both parents and surrogates to their jurisdiction, agencies circumvent vast discrepancies in state statutory regulative schemes and create a distinct interstate business, absent an efficient regulatory framework or legal recourse in some circumstances. The authors propose a uniform federal regulatory scheme premised upon regulating interstate business transactions to create accountability and legal remedies for both the parents and the surrogate.

Original languageEnglish
Pages (from-to)300-309
Number of pages10
JournalJournal of Law, Medicine and Ethics
Volume35
Issue number2
DOIs
StatePublished - Jun 2007

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Ethics
parents
Parents
moral philosophy
Law
legal remedies
criminalization
federal law
Social Responsibility
recourse
Contracts
Internet
transaction
jurisdiction
rhetoric
responsibility
time

ASJC Scopus subject areas

  • Law
  • Medicine (miscellaneous)

Cite this

Ethics, law, and commercial surrogacy : A call for uniformity. / Drabiak, Katherine; Wegner, Carole; Fredland, Valita; Helft, Paul.

In: Journal of Law, Medicine and Ethics, Vol. 35, No. 2, 06.2007, p. 300-309.

Research output: Contribution to journalArticle

Drabiak, Katherine ; Wegner, Carole ; Fredland, Valita ; Helft, Paul. / Ethics, law, and commercial surrogacy : A call for uniformity. In: Journal of Law, Medicine and Ethics. 2007 ; Vol. 35, No. 2. pp. 300-309.
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