This Comment addresses the issues of surrogate motherhood and argues that certain California statutes not intended to deal with surrogate motherhood serve as potential barriers to the practice. The author begins by detailing the current procedures of surrogate motherhood arrangements. The author then examines the nature of current civil and criminal statutory obstacles. The author recommends specific legislative amendments to the California Civil and Evidence Codes in order to facilitate the practice of surrogate motherhood, but further concludes that the Penal Code sections prohibiting payment for the transfer of custody and adoption should not be modified.
Ellen L. van Hoften,
Surrogate Motherhood in California: Legislative Proposals,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol18/iss2/7