th to a child and then have to give it up?
These are very good questions that tend to leave one undecided as to
which party's demand is justifiable and should be upheld.
Instead of deciding surrogacy issues on the basis of the law and
policy of the states, judges could look for guidance from the U.S.
Constitution. Constitutional arguments can be made on both sides of
the classic surrogacy dispute involving the mother who changes her mind
about giving up her child. Resolution of the constitutional issues
will depend ultimately upon assessing and weighing the various factors
at stake. Like decisions based on contract and criminal law,
constitutional decisions will take account of the party's interests,
the child's interests, society's interests, and the effectiveness of
legalization and regulation as opposed to prohibition.
Many Americans remained unaware of these dramas,
...