Constitutional rights regarding surrogacy have largely been ignored. States differ in their approaches toward surrogate contract enforceability. Given the recent press coverage and the proliferation of alternative and assistive reproductive technology, this important question needs a definitive answer. Prior Supreme Court decisions regarding the right to privacy before the advent of assisted reproductive technology focused on procreative choices. In reality, the new technology split reproduction into two distinct issues: conception and procreation. This Note argues that the constitutional rights in surrogacy should favor the intended parents, those individuals with genetic ties to the unborn child, as opposed to the surrogate mother herself.
The full text of this Note is available to download as a PDF.