Foreign Surrogate Motherhood: mater semper certa erat

Abstract

This Article compares the conflicting approaches to resolve the questions surrounding surrogate motherhood in a domestic context and then addresses some of its transnational implications, especially the recognition of foreign surrogacy judgments. It argues that not every case of foreign surrogacy involves the circumvention of the forum's prohibition of surrogacy and that courts need to take this into account when applying the public policy exception. It further argues that the adoption of the child by the commissioning parents should be seen as an alternative and adequate solution to the limping legal parenthood that would otherwise arise from the non-recognition of a surrogacy judgment.