Commercial surrogate motherhood and the alleged commodification of children: a defense of legally enforceable contracts

Hugh V. McLachlan, J. Kim Swales

Research output: Contribution to journalArticle

Abstract

Commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. We shall, in particular, argue here that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Ourcase is developed in response to criticisms of arguments we have made before in defense of commercial surrogate motherhood, particularly those criticisms made by Elizabeth Anderson, who is probably the most influential, eloquent, and forceful opponent of commercial surrogate motherhood or, as it is sometimes called, “contract pregnancy.”

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Original languageEnglish
Pages (from-to)91-108
Number of pages18
JournalLaw and Contemporary Problems
Volume72
Issue number3
Publication statusPublished - 1 Jun 2009

Keywords

  • surrogate motherhood
  • legal contracts

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