Thursday, November 18, 2010
Gestational surrogacy contracts raise a host of legal issues, from formation to public policy to remedies, which is presumably why In re Baby M,,109 N.J. 396, 537 A.2d 1227 (1988), is such a contracts course staple.
Aristides Hatzis (Athens Law/Philosophy) has been writing about these contracts for several years, including his influential 2003 paper, 'Just the Oven': A Law & Economics Approach to Gestational Surrogacy Contracts. He's back back on the subject with a critical (and semi-empirical) look at how regulation of surrogacy contracts is working out in Greece.
His conclusion? Not so well. Large numbers of these transactions are apparently going on without going through the required regulatory process. And the process itself doesn't seem to be doing what its proponents hoped it would do. The paper, The Regulation of Surrogate Motherhood in Greece, is here.
(For those who don't know why Baby M is such a good contracts case, check out Carol Sanger's (Baby) M is for the Many Things: Why I Start with Baby M, which convinced me to include it in my course.)