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History

The Intersection of Family Law and Surrogacy Agreements

Quick fact

In many U.S. states, a surrogacy contract is unenforceable if it pays the surrogate beyond medical expenses, because courts view it as 'baby selling'—yet in California, surrogacy is broadly permitted and parentage is determined by intent, not biology.

Why this is interesting

Imagine signing a contract to have a child for someone else—only to find out that contract may be legally meaningless. In surrogacy, the law often steps in to decide who is the real parent, and the answer isn't always in the agreement.