Surrogacy: is there a case for legal prohibition?

J Law Med. 2004 Nov;12(2):205-16.


Surrogacy arrangements are a complex and challenging issue for legal regulation. On the one hand, if we wish to promote personal autonomy and enable the infertile to experience parenthood, there is a case for allowing these arrangements to proceed. However, objections to legal sanctioning of surrogacy include concerns for the surrogate and the child born through the surrogacy arrangement. Legally sanctioning surrogacy may also adversely affect social conceptions of women's roles or may be considered a form of commodifying women's reproductive capacities. This article examines these challenges to allowing surrogacy, but concludes that surrogacy should not be legally prohibited.

Publication types

  • Review

MeSH terms

  • Child
  • Child Custody / legislation & jurisprudence
  • Child Welfare / legislation & jurisprudence
  • Female
  • Government Regulation*
  • Humans
  • Paternalism
  • Pregnancy
  • Public Policy
  • Sex Factors
  • Surrogate Mothers / legislation & jurisprudence*