Year: 1988
Type: article
Abstract: This essay examines the New Jersey Supreme Court's 1988 decision in the case of In re Baby M and the effect of the holding on the consequences of collaborative conception. Rather than embrace, totally, the development of legislative approaches to validating surrogate birth contracts, this essay suggests that the courts seek a reasonable balance of competing interests in determining where the best interests of issue born of these contracts truly lie. Thus, the goals of equity rather than contract law should be pivotal in guiding judicial decision making.
Author: Smith, George P.
Institution: Catholic University of America
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3122897723