Thursday, September 15, 2011

Remedying Breaches of Surrogacy Contracts

If a surrogate decides to keep the baby, what should be the remedy given to the intended mother? Currently, the courts focus upon adjudicating maternity and ignore the contract that resulted in the child's consumption. It seems unfair not to order the contract to be specifically enforced.

2 comments:

Rebecca VanLear said...

As it is illegal to buy or sell a human being in this country- a contract of surrogacy would seem to be unenforceable. I WOULD suggest that any financial outlay that the intended/adoptive mother would have outlaid would contractually be required to be reimbursed. Apart from that, I think one would be hard pressed to force contract fulfillment by forcibly turning over the resulting child.

Muhammad Amir said...

The courts focus what is surrogacy upon adjudicating maternity and ignore the contract that resulted in the child's consumption.