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Belmont Law Review

Abstract

Drawing upon feminist theory and principles of freedom of contract, this Note proposes a new statutory framework for addressing surrogacy in the state of Tennessee. Part I provides a balanced discussion of why couples choose surrogacy as well as varying types of surrogacy available to individuals. Part II explores the judicial and legislative responses toward surrogacy contracts in the United States and discusses significant surrogacy litigation that continues to shape the public policy arguments surrounding this issue. Part III provides background on Tennessee’s approach to the right to privacy as well as recent surrogacy case law and legislation. Part IV addresses feminist arguments as applied to surrogacy. Part V offers a discussion of the intersection of freedom to contract and public policy concerns that influence the debate about whether or not surrogacy contracts should be legal. Part VI recommends proper statutory language to regulate gestational surrogacy contracts in Tennessee.

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