Surrogate Motherhood

surrogate mother

surrogate mother, a woman who agrees, usually by contract and for a fee, to bear a child for a couple who are childless because the wife is infertile or physically incapable of carrying a developing fetus. Often the surrogate mother is the biological mother of the child, conceiving it by means of artificial insemination with sperm from the husband. In gestational surrogacy, the wife is fertile but incapable of carrying a growing fetus; the child is conceived by in vitro fertilization using the wife's eggs and her husband's sperm, and the resulting embryo is implanted in the surrogate mother's uterus.

Surrogate motherhood has raised complex ethical and legal issues, and lawsuits over custody after the child's birth have resulted from both types of surrogacy. In the highly publicized Baby M case (1986–88), Mary Beth Whitehead, the surrogate (and biological) mother, sued William and Elizabeth Stern, the baby's father and his wife, for custody of the child. Although the surrogate mother was not awarded custody in the Baby M case, she was granted visitation rights. Several European countries and a number of states have passed laws banning paid surrogacy.

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Surrogate Motherhood: Selected full-text books and articles

Commercial Surrogate Motherhood and the Alleged Commodification of Children: A Defense of Legally Enforceable Contracts
McLachlan, Hugh V.; Swales, J. Kim.
Law and Contemporary Problems, Vol. 72, No. 3, Summer 2009
The State of Surrogacy Laws: Determining Legal Parentage for Gay Fathers
Dana, Anne R.
Duke Journal of Gender Law & Policy, Vol. 18, No. 2, Spring 2011
Biomedical Ethics
Walter Glannon.
Oxford University Press, 2005
Librarian’s tip: Chap. 4 "Reproductive Rights and Technologies"
Surrogacy and the Politics of Commodification
Scott, Elizabeth S.
Law and Contemporary Problems, Vol. 72, No. 3, Summer 2009
Protecting the Voiceless: Rights of the Child in Transnational Surrogacy Agreements
Boyce, Anika Keys.
Suffolk Transnational Law Review, Vol. 36, No. 3, Fall 2013
Ethics of New Reproductive Technologies: Cases and Questions
Dolores Dooley; Joan McCarthy; Tina Garanis-Papadatos; Panagiota Dalla-Vorgia.
Berghahn Books, 2003
Librarian’s tip: Chap. 3 "Surrogate Pregnancy"
Uncovering the Rationale for Requiring Infertility in Surrogacy Arrangements
Wilson, Robin Fretwell.
American Journal of Law & Medicine, Vol. 29, No. 2/3, January 1, 2003
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Regulation of International Surrogacy Arrangements: Do We Regulate the Market, or Fix the Real Problems?
Hale, Bruce.
Suffolk Transnational Law Review, Vol. 36, No. 3, Fall 2013
Transnational Surrogacy in India: Interrogating Power and Women's Agency
Deomampo, Daisy.
Frontiers - A Journal of Women's Studies, Vol. 34, No. 3, September 2013
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Gestation: Work for Hire or the Essence of Motherhood? A Comparative Legal Analysis
Laufer-Ukeles, Pamela.
Duke Journal of Gender Law & Policy, Summer 2002
Gestational Surrogacy: Nature and Culture in Kinship
Levine, Hal B.
Ethnology, Vol. 42, No. 3, Summer 2003
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Body/Politics: Studies in Reproduction, Production, and (Re)Construction
Thomas C. Shevory.
Praeger, 2000
Librarian’s tip: Chap. Three "(Re)Constructing Public and Private Life through Surrogacy Contracts"
Having and Raising Children: Unconventional Families, Hard Choices, and the Social Good
Uma Naraya; Julia J. Bartkowiak.
Pennsylvania State University Press, 1999
Librarian’s tip: Chap. 3 "Family Ties: Rethinking Parental Claims in the Light of Surrogacy and Custody"
Family Values and the New Society: Dilemmas of the 21st Century
George P. Smith II.
Praeger, 1998
Librarian’s tip: Chap. 5 "Assisted Reproductive Technologies: Artificial Insemination, Surrogation, and In Vitro Fertilization"
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