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Cardozo Law Review

Abstract

This Article examines whether legal motherhood should be based on the preconception intentions of the two women who contribute a reproduction function, on genetic contribution, or on gestation. After assessing the costs and benefits that the various rules generate, the Article recommends that intent should be the determinative factor, but only if a system of rules is in place to protect against overreaching in surrogacy agreements. Otherwise, motherhood should be based on gestation alone.

Keywords

Contracts, Domestic Relations, Reproduction and the Law, Birth and Reproduction, Sexuality and the Law, Surrogate Parenthood, Parents and Children, In Vitro Fertilization, Reproductive Technology, Artificial Procreation, Technology

Disciplines

Contracts | Law | Sexuality and the Law

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