My Genetic Child May Not Be My Legal Child? A Functionalist Perspective on the Need for Surrogacy Equality in the United States

Abstract

While assisted reproductive technology, and surrogacy in particular, may appear to be a straightforward solution to infertility, the legal field is extremely complex. The patchwork of laws across the United States leaves intended parents at risk for a court to deny legal rights to their biological child. This Note will examine the complexities of surrogacy agreements and the need for a federal, uniform surrogacy law under the sociological functionalist theory of society.

Keywords

law, jurisprudence, children, assisted reproduction, surrogate, parents, functionalist theory

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Authors

Rachel I. Gewurz (Notes Editor, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law, Class of 2020;)

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