UC Law SF Journal on Gender and Justice


The dream of starting one's own family is an integral part of American culture that is strongly reinforced by social norms. The reality is, however, that one out of every six couples infertile. Many of these infertile couples choose alternative means of becoming parents, for example, adoption, artificial insemination, and surrogacy. As these alternatives have developed, state legislatures and judges have generated bodies of law surrounding the practice of most of them. Of these alternatives, surrogacy does not yet have standard rules to guide the parties involved. Furthermore, since there are several types of surrogacy t different rules may apply to different methods.