Ethics of Surrogacy Contracts and Nebraska's Surrogacy Law, The

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Tuininga, Kevin
Issue Date
2008
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Journal Article
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FIRST PARAGRAPH(S)|This Article will address some of the moral, legal, and ethical considerations relating to the enforcement of surrogacy contracts and the empirical evidence that informs those considerations. Further, thisArticle will set forth Nebraska's surrogacy contract statute, discuss the merits of the statute's policy objectives, and conclude with a discussion of the law's adequacy in light of the development of complex,artificial reproduction procedures.|The Nebraska Unicameral waded into the surrogacy contract debate in 1987. The resulting legislation, signed into law in 1988, flatly prohibits enforcement of such contracts. Nebraska Revised Statutes § 25-21,200 provides as follows:(1) A surrogate parenthood contract entered into shall devoid and unenforceable. The biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child.(2) For purposes of this section, unless the context otherwise requires, a surrogate parenthood contract shall mean a contract by which a woman is to be compensated for bearing a child of a man who is not her husband.1As of this writing, there were no Nebraska cases applying or interpreting the statute...
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41 Creighton L. Rev. 185 (2008)
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Creighton University School of Law
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