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[90WLRO07] The Role of Agency: Compensated Surrogacy and the Institutionalization of Assisted Reproduction Practices

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dc.contributor.author Carbone, June
dc.contributor.author Madeira, Jody Lyneé
dc.date.accessioned 2015-04-03T14:45:51Z
dc.date.available 2015-04-03T14:45:51Z
dc.date.issued 2015
dc.identifier.citation 90 Wash. L. Rev. Online 7 (2015) en_US
dc.identifier.uri http://hdl.handle.net/1773.1/1425
dc.description.abstract June Carbone, Robina Chair in Law, Science and Technology, University of Minnesota Law School. Jody Lyneé Madeira, Professor of Law, Indiana University Maurer School of Law. Abstract: The surrogacy debate often conflates what should be seen as three distinct issues: the permissibility of the practice under any circumstances, the role of for-profit intermediaries in arranging surrogacy, and the role of compensation in influencing decision-making. For those who see surrogacy as intrinsically objectionable, nothing short of a total ban will suffice. For those who object to the commodification of reproduction or to the role of for-profit agencies in recruiting surrogates, however, the solutions lie in regulation rather than prohibition. Commercial agencies, unlike infertile couples who enter into arrangements with their friends and relatives, are repeat players. They are in a better position to institutionalize appropriate practices and instantiate acceptable norms than are parties driven by the desire to produce a child. We conclude that much of the objection to commercial surrogacy involves the practice’s growing pains. In the end, commercial agencies, particularly if they are subject to regulations that require transparency and provide oversight, may promote human dignity as well as, or better than, individually negotiated altruistic arrangements. en_US
dc.language.iso en_US en_US
dc.publisher Washington Law Review en_US
dc.subject Essay En_US
dc.title [90WLRO07] The Role of Agency: Compensated Surrogacy and the Institutionalization of Assisted Reproduction Practices en_US
dc.type Article en_US

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