Applying Mediation to the Complexities of Surrogacy Agreements

Authors

Aude-Mazarine Lestienne, Benjamin N. Cardozo School of Law

Abstract

In the late part of the twentieth century, assisted reproductive technologies ("ART") offered new hope to individuals who were infertile, could not carry a pregnancy, or whose attempts to form non-biological families were rejected. At the same time, advances in ART transformed and strained the traditional notions of family, as well as the legal concepts surrounding it. If utilized for the negotiation of the terms of surrogacy agreements, mediation could provide a creative alternative to time-worn legalistic approaches to solving the problems raised by these complex new family dynamics.

Keywords

Contracts, Domestic Relations, Legislation, Reproduction and the Law, Birth and Reproduction, Jurisprudence, Law and Society

Disciplines

Contracts | Dispute Resolution and Arbitration | Jurisprudence | Law | Law and Society | Legislation

Recommended Citation

Aude-Mazarine Lestienne, Applying Mediation to the Complexities of Surrogacy Agreements, 22 Cardozo J. Conflict Resol. 393 (2021).
Available at: https://larc.cardozo.yu.edu/cjcr/vol22/iss2/9