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Surrogacy contracts, the marriage requirement, and consent rights

By Alliance Alert

This article will address the constitutionality of the marriage requirement in Florida's gestational surrogacy statute and the repercussions of the right to revoke consent in traditional surrogacy agreements. Part two of this article will provide a background of gestational surrogacy and traditional surrogacy. Part three will examine the different theories states adopt in order to determine legal parentage. Part four will compare Florida's gestational surrogacy statute to Florida's traditional surrogacy statute. Part five of this article will present constitutional challenges on restricting surrogacy based on procreative liberty and the fundamental right to marry. This section will also examine whether Florida's surrogacy statutes are over or under-inclusive. Part six will conclude with the premise that the increase of non-traditional families makes it necessary for Florida to restructure its surrogacy statutes. In addition, this section will explain how Florida should change its surrogacy statutes so that its laws will no longer infringe on any of its residents' procreative rights.

Full post as published by Constitutionally Correct on January 22, 2009 (boomark / email).