Document Type

Article

Publication Date

Fall 2013

Publication Title

St. John's Law Review

Keywords

family law, contract principles, surrogacy, children

Abstract

Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.

Volume

87

Issue

4

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