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Essays discuss legal and moral issues of surrogate motherhood.
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Surrogate Motherhood Page ii MEDICAL ETHICS SERIES David H. Smith and Robert M. Veatch, Editors Page iii Surrogate Motherhood Politics and Privacy Edited by Larry Gostin Indiana University Press Bloomington and Indianapolis Page iv This book is based on a special issue of Law, Medicine & Health Care (16:1–2, spring/summer, 1988), a journal of the American Society of Law & Medicine. Many of the essays have been revised, updated, or corrected, and five appendices have been added. ASLM coordinator of book production was Merrill Kaitz. © 1988, 1990 American Society of Law & Medicine All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The Association of American University Presses' Resolution on Permission constitutes the only exception to this prohibition. Manufactured in the United States of America ™ The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences— Permanence of Paper for Printed Library Materials, ANSI Z39.48–1984. Library of Congress CataloginginPublication Data Surrogate motherhood : politics and privacy / edited by Larry Gostin. p. cm. — (Medical ethics series) Includes bibliographical references. ISBN 0253326044 (alk. paper) 1. Surrogate mothers—Legal status, laws, etc.—United States. 2. Surrogate mothers—Civil rights—United States. 3. Surrogate mothers—United States. I. Gostin, Larry O. (Larry Ogalthorpe) II. Series. KF540.A75S87 1990 346.7301'7—dc20 [347.30617] 8945474 CIP 1 2 3 4 5 94 93 92 91 90 Page v Contents Introduction ix Larry Gostin CIVIL LIBERTIES A Civil Liberties Analysis of Surrogacy Arrangements 3 Larry Gostin Procreative Liberty and the State's Burden of Proof in Regulating Noncoital Reproduction 24 John A. Robertson Fairy Tales Surrogate Mothers Tell 43 George J. Annas LEGAL STATUS Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood 59 Alexander M. Capron and Margaret J. Radin Surrogate Motherhood and the Best Interests of Children 77 Angela R. Holder Legislative Approaches to Surrogate Motherhood R. Alta Charo 88 Page vi ETHICS Surrogate Motherhood as Prenatal Adoption 123 Bonnie Steinbock Is There Anything Wrong with Surrogate Motherhood? An Ethical Analysis 136 Ruth Macklin The Ethics of Surrogate Motherhood: Biology, Freedom, and Moral Obligation 151 Lisa Sowle Cahill WOMEN'S AUTONOMY Surrogate Motherhood: The Challenge for Feminists 167 Lori B. Andrews An Essay on Surrogacy and Feminist Thought 183 Joan Mahoney PUBLIC HEALTH Surrogacy and the Health Care Professional: Baby M and Beyond 201 Karen H. Rothernberg Surrogacy: A Preferred Treatment for Infertility? 221 Nadine Taub CASE REVIEW ESSAYS The New Jersey Supreme Court Baby M Decision The Case of Baby M: Love's Labor Lost George P. Smith, II 233 Page vii Solomon Would Weep: A Comment on In the Matter of Baby M and the Limits of Judicial 243 Authority Randall P. Bezanson APPENDIXES Appendix I Excerpts from the Decision of the New Jersey Supreme Court, In the Case of Baby M 253 Appendix II Stat