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Essays discuss legal and moral issues of surrogate motherhood.
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Surrogate Motherhood
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MEDICAL ETHICS SERIES David H. Smith and Robert M. Veatch, Editors
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Surrogate Motherhood Politics and Privacy Edited by Larry Gostin Indiana University Press Bloomington and Indianapolis
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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
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Contents Introduction
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Larry Gostin CIVIL LIBERTIES A Civil Liberties Analysis of Surrogacy Arrangements
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Larry Gostin Procreative Liberty and the State's Burden of Proof in Regulating Noncoital Reproduction
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John A. Robertson Fairy Tales Surrogate Mothers Tell
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George J. Annas LEGAL STATUS Choosing Family Law over Contract Law as a Paradigm for Surrogate Motherhood
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Alexander M. Capron and Margaret J. Radin Surrogate Motherhood and the Best Interests of Children
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Angela R. Holder Legislative Approaches to Surrogate Motherhood R. Alta Charo
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ETHICS Surrogate Motherhood as Prenatal Adoption
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Bonnie Steinbock Is There Anything Wrong with Surrogate Motherhood? An Ethical Analysis
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Ruth Macklin The Ethics of Surrogate Motherhood: Biology, Freedom, and Moral Obligation
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Lisa Sowle Cahill WOMEN'S AUTONOMY Surrogate Motherhood: The Challenge for Feminists
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Lori B. Andrews An Essay on Surrogacy and Feminist Thought
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Joan Mahoney PUBLIC HEALTH Surrogacy and the Health Care Professional: Baby M and Beyond
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Karen H. Rothernberg Surrogacy: A Preferred Treatment for Infertility?
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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
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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
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Appendix II Stat