International Commercial Surrogacy and its Parties

Abstract

The position of women and children at the heart of international commercial surrogacy requires a careful consideration of this market. In undertaking it, this Article considers the rights, interests, and obligations of the parties to a surrogacy, as well as the various opportunity costs of international commercial surrogacy. Such a discussion is particularly relevant today as India, a center of international surrogacy, begins to legislate on the subject, and relatedly, as American states continue to grapple with issues regarding surrogacy.