Surrogate motherhood is possibly the most viable family issue in today's society, and especially in the law. Surrogacy will be treated here solely as a fact of life, and examined solely from the point of view of its legal status under the appropriate Uniform Acts, existing and proposed legislation outside Ohio, and existing Ohio law. It may sound strange that Ohio was chosen as an example, in that a search of Ohio law will not show any law directly dealing with surrogacy. But then, that is the point. Ohio is one of only three states that have adopted both relevant Uniform Acts, which are effectively public policy statements, and does not yet have any statutes dealing with surrogate motherhood, either by artificial insemination or embryonic implant, even though at least the former procedure is current in the state. With very few exceptions, this lag is the rule in the country. There are already existing laws that apply to surrogacy, without mentioning it per se. That fact is a major emphasis of this Article. The balance will be on proposed surrogacy legislation.
James T. Flaherty,
Enforcement of Surrogate Mother Contracts: Case Law, the Uniform Acts, and State and Federal Legislation,
36 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol36/iss2/4