The Aftermath of Johnson v. Calvert: Surrogacy Law Reflects a More Liberal View of Reproductive

Authors

Eric A. Gordon

First Page

191

Document Type

Comment

Abstract

This Comment will discuss why the decision in Johnson should be viewed as a basis for future surrogacy decisions, not as an aberration of the law, and should elicit commentary and proposals by state legislatures in an effort to avoid future, similar disputes. First, this Comment will examine the Johnson decision and its effect on California surrogacy law. In so doing, it will briefly examine the history of surrogacy law in this country, relating this case to other surrogacy cases in recent years. This Comment will also examine the current surrogacy law in California as well as its proposed surrogacy law, which appears ready to pass in the wake of Johnson. Next, this Comment will examine the current debate among surrogacy advocates and those opposed to surrogacy, discussing the arguments both for and against a more liberal surrogacy policy in this country. This section will include the constitutional and contract law issues inherent in the surrogacy debate, as well as some of the different methods in which states have dealt with this issue and the results of their actions. Finally, this Comment will compare and contrast the proposed California law and the California decision with Florida's surrogacy law. It will also examine how Johnson may have been decided under Florida law and the advantages of a more structured surrogacy policy, aimed at avoiding future surrogacy litigation by providing more certainty among the parties involved.

Recommended Citation

Eric A. Gordon, The Aftermath of Johnson v. Calvert: Surrogacy Law Reflects a More Liberal View of Reproductive, 6 St. Thomas L. Rev. 191 (1994).
Available at: https://scholarship.stu.edu/stlr/vol6/iss1/7