This Paper analyzes the problems created by the enforcement of surrogacy contracts and proposes legislation by which the State of New Mexico can proactively protect its children and parents from the social and legal dangers of surrogacy contracts. First, this Paper will explore three of the most compelling policy reasons for voiding surrogacy contracts: (1) the societal consequences of allowing the redistribution of procreation through contract; (2) "maternal" arguments for the protection of the hired surrogate; and (3) current policies which are embedded in New Mexico Statutes. Second, this Paper will analyze other state statues which have voided surrogacy contracts. Finally, based on the earlier analysis of policy and state laws, this Paper recommends a statute which should be adopted in New Mexico. The proposed statute will then be analyzed to see how it would be applied.
University of New Mexico School of Law
Combs, Jay R.. "Voiding Surrogacy Contracts to Protect Children: A Blueprint for New Mexico." (1998). https://digitalrepository.unm.edu/law_studentscholarship/65