The Trouble with Surrogacy as a Business

Ana Ituarte

Bus. 311

Prof. Jennifer Schneider

June 25, 2012

Where Do Babies Come From?

While there are many valid arguments for surrogacy and many noble reasons to support it, however our legal system is not quite set up for the many complications regarding it. The worst part is that it is such an emotional process for all involved that human factor will always make it an industry that is vulnerable to whims. For many people the idea of surrogacy is noble idea that allows for childless couples a chance to have a baby however surrogacy has a grey side to it that is not making many people as happy as they thought. What may appear to be a noble gesture is now a multibillion dollar industry and a business that has many side effects that should be considered, explored and viewed critically. Because surrogacy can be a wonderful and noble thing for many people wishing to have a baby then appropriate structures should be placed in order to avoid or limit the illegalities, the misuse, the legal complications and the out of control expenses surrounding it. Certain factors should be considered and contracts should be clear and well stipulated as to avoid severe disappointments and to protect all the parties involved. If looked at closer, surrogacy is no more than a contract between two parties for the exchange of a service performed by the surrogate mother for another person or persons wishing to have a baby. That exchange includes a service for money. Many feel that surrogacy contracts and issues should fall exclusively under family law yet there are many reasons to treat this subject as a business law theme because contract law is the focal point.

References

Hanson , M. (2011, March 1). As Surrogacy Becomes More Popular, Legal Problems Proliferate. Retrieved June 25, 2012, from http://http://www.abajournal.com/magazine/article/as_surrogacy_becomes_more_popular_legal_problems_proliferate/ Looking at the many complications of surrogacy in America and...