Golden Gate University Law Review


Part I of this article contrasts the surrogacy controversy in California with the legislative response nationwide by examining the various underlying issues that must necessarily be considered by state legislatures. Although the surrogacy controversy raises issues that concern the nation and society as a whole, it should be resolved independently by each state's legislature. At the center of the debate lies the question of whether the practice of surrogacy is detrimental or beneficial to the contracting parties and to society. Part II examines a California judicial decision of first impression and compares it to other states' judicial decisions on surrogacy. The California decision is indicative of the need for legislation in the state, as its results were not reached through an application of current laws. Furthermore, the decision and several legislative proposals reflect the conflict on surrogacy within the state. While its holding is supported by recently introduced legislation, it is directly at odds with the recommended legislation of the Advisory Panel's Final Report to the Joint Legislative Committee on Surrogate Parenting. Legislation will serve to clarify the rights of parties to a surrogate parenting agreement.

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