Monday, September 6, 2010

The law and economics of surrogate motherhood: what contracts should be legal?

Aristides N. Hatzis writes to let me know about his work on the law and economics of surrogacy, and related topics, as follows (I've inserted the abstracts of the two papers):

"I follow religiously your blog and your work after reading your very interesting paper on repugnance and markets. I am also interested in the subject since I am working on the economics of self-ownership. I am sending you two of my published papers you might find of interest:

'Just the Oven': A Law & Economics Approach to Gestational Surrogacy Contracts
Abstract:  Gestational surrogacy is a form of artificial insemination whereby a doctor implants the fertilized eggs of a woman into the surrogate's uterus. Gestational surrogacy contracts are unenforceable almost everywhere in the world. In this paper, we support the thesis that these contracts should be enforceable. Our approach is informed by the economic analysis of contract law and is predicated on the assumption that law should serve social welfare (as a function of individuals' well being). We discuss and rebut the arguments most often invoked against surrogacy: immorality, commodification and exploitation. Finally, we present some legal policy proposals for the regulation of gestational contracts in order to safeguard the best interests of the child, to ensure the informed consent of surrogate mothers and to protect intentional parents from the surrogate's opportunistic or reckless behavior.

From Soft to Hard Paternalism and Back: The Regulation of Surrogate Motherhood in Greece
Abstract: This paper is a critical analysis of the regulation of surrogate motherhood in Greece; I will discuss the way that a consensus reached in the legislative committee among liberal and conservative jurists on the matter of compensation of surrogate mothers was undermined by intra-party populism in the Greek parliament which banned it to avoid commodification; inevitably the law fell into disuse leading to a new law which allowed government-defined compensation, not the one agreed by the parties; the regulation of surrogate motherhood in Greece is a typical example of the deleterious effects of the combination of legal formalism and legal moralism in contemporary Greece.

"You might also find these blogs of interest: http://www.self-ownership.org/ , http://www.economicanalysisoflaw.org/"

2 comments:

Egg donation said...

Nice to receive your blogs.This is really amazing articles.I find It really useful & it helped me out a lot to understand about surrogacy law

Betty researching surrogacy and law said...

Really interesting posts on your blog. Thanks for sharing. I really love reading everything you post.