Source Publication Abbreviation
J. Fam. L.
This article explores the significance of parental status in the determination of custody and the question of whether the legal relationship of parent and child is also subject to public policy limitations. Part II outlines the essential elements of surrogacy. Part III examines the relationship of the best interests test and its preference for custody with a parent. Part IV discusses the surrogacy contract and the contracting parties. Part V briefly discusses the various constitutional arguments necessary to determine whether parental status is properly viewed as an issue of public policy. Part VI presents public policy considerations that states will address when a surrogacy agreement results in a custody dispute.
Irma S. Russell,
Within the Best Interests of the Child: The Factor of Parental Status in Custody Disputes Arising from Surrogacy
, 27 J. Fam. L. 585
Available at: http://scholarship.law.umt.edu/faculty_lawreviews/40