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UC Irvine Law Review

UC Irvine

It’s Complicated: Advocating for Uniformity in the Enforcement of Surrogacy Contracts

Abstract

The current landscape of surrogacy laws in the United States is uneven and broken in many places. Some states go so far as to criminalize surrogacy, and other states do not have any surrogacy laws on the books whatsoever. The lack of legal support for surrogacy arrangements, and for gestational surrogacy contracts in particular, infringes upon the reproductive autonomy of intended parents and surrogates alike. This Note argues that gestational surrogacy contracts should be enforced across the United States and looks to Article 8 of the Uniform Parentage Act of 2017 as a stepping-stone toward uniform, nationwide enforcement.

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