SMU Dedman School of Law professor Joanna L. Grossman comments on the New Jersey legislature’s recent passage of a bill to legalize gestation surrogacy. Grossman describes the long battle over surrogacy in that state, from the nationally influential decision by its supreme court, In the Matter of Baby M, to two surrogacy bills passed by the legislature but vetoed by then-Governor Chris Christie, to the present bill signed into law by Governor Phil Murphy.
Cornell University law professor Sherry F. Colb considers some pros and cons of legalizing and enforcing gestational surrogacy agreements, as the New York State legislature is currently considering doing. Colb points out that legalizing these agreements would help clean up the patchwork of different surrogacy laws in different states (and thus make the outcome of conflicts more predictable), but she also notes that government endorsement of surrogacy may perpetuate or ignore related issues of equality and born children seeking adoption.
Hofstra University law professor Joanna Grossman discusses a surrogacy dispute filed by a California woman against a man in Georgia. Grossman points out that the facts giving rise to the dispute are highly unusual and that it would be a mistake to draw a conclusion about surrogacy in general from this particular case.
Hofstra University law professor Joanna Grossman comments on a recent decision by a Pennsylvania appellate court that Sherri Shepherd, despite her arguments to the contrary, is the legal mother of a child born via surrogate. Grossman describes the background of the case and the national patchwork of state laws on surrogacy and explains why the appellate court came to the correct conclusion as a matter of law.