Reproductive Technologies and Surrogacy: Legal Issues
FIRST PARAGRAPH(S)|My task in this essay is to try to set out the issues as lawyers see them concerning reproductive technologies and surrogacy. Unlike some areas of the law in which society has had longer experience, the law in these areas is still in the process of formation. The law is not at all settled. Indeed, so far, at least in this country, the issues have been decided on a state level. So many different solutions may be adopted concurrently, and three quarters of the states in this country have yet to give any indication of what position they will take on the subject of surrogacy. As lawmakers think about and argue about what rules ought to be adopted, their guiding principles are fairness; how to treat the particular parties before them justly; and how the changes they are asked to legitimate will affect society. In many ways, these considerations, I believe, parallel religious considerations of the same issues. Although our reasoning processes differ and our cultures sometimes emphasize different values, we are all asking the same questions...
25 Creighton L. Rev. 1589 (1991-1992)
Creighton University School of Law