Hastings Women’s Law Journal


Ruby L. Lee


In a time where advancement of reproductive technologies evolve in a rapid pace beyond the ability of the government to anticipate public social costs associated with it; this Note seeks to address the legal, policy and ethical challenges surrounding commercial surrogacy - particularly from a global context. First, this Note explores India's role in commercial surrogacy, as a case study, to understand the growing global demand for surrogacy arrangements in countries that do not regulate commercial surrogacy. Second, this Note reviews comparatively the weaknesses in existing commercial surrogacy laws among some of the European Union states and the United States. Third, this Note identifies Israel as a successful model for regulating commercial surrogacy, through its commitment to providing sufficient resources, to enforce the laws, and to protect its citizens without compromising individual autonomy. Finally, this Note calls for more effective regulation of commercial surrogacy on a global scale - through leadership and coordination.