The Luo, et al. v. Chen Case on Surrogacy

Abstract

1. Surrogacy arrangements may occur whether or not the surrogate provides her own genetic material. Surrogacy has given rise to uncertainties in the law on parentage in a domestic context, i.e., identifying the parents of the children born under surrogacy. States are divided on whether surrogacy is legally valid and who should be the legal parents, on the grounds of public policy, fundamental human rights of the child, rights of the surrogate mother, and rights to give birth of the intending parents. Legal parentage is closely related to but separate from the attitude to surrogacy of a State. States may be roughly classified into three categories. 2. First, in States where surrogacy arrangements are void ab initio and unenforceable under specific law or under general law, the general family law on legal parentage applies. The surrogate mother will be considered the legal mother and her husband will be presumed to...