Thursday, May 27, 2010

Morgan Holcomb & Mary Byrn on Surrogacy Compensation

Morgan Holcomb (University of Minnesota Law School) and Mary Patricia Byrn (William Mitchell College of Law) have posted When Your Body is Your Business on SSRN.  Here is the abstract:

Surrogacy in the United States is a multi-million dollar industry in which well paid professionals seek out highly specialized women to fulfill the difficult job of being a surrogate. Surrogates enter lengthy contracts in which they agree, in intricate detail, to provide a service for significant compensation - surrogates are paid well over $22 million dollars a year. This article argues that surrogates are also professionals in this for-profit industry and are required to report surrogacy compensation as income. As a corollary, surrogates may deduct most of their surrogacy related expenses as business deductions. Being a surrogate is a highly personal service and the expenses the surrogate incurs - such as for maternity clothes or medical care - are typically seen as nondeductible personal ones, but when your body is your business, the personal is business.

Assisted Reproduction, Bioethics, Pregnancy & Childbirth, Scholarship and Research | Permalink

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