Thus, there is a compelling policy argument as well as a suggestive constitutional argument that the practice of selling parental rights in general, and in particular the practice of commercial surrogacy, should not be permitted. These arguments favor the approach adopted in New York State as opposed to any more latitudinarian approach that would permit commercial surrogacy. Clearly, if the payment of money in exchange for parental rights should be prohibited, then we have a strong basis on whic…
Read moreThus, there is a compelling policy argument as well as a suggestive constitutional argument that the practice of selling parental rights in general, and in particular the practice of commercial surrogacy, should not be permitted. These arguments favor the approach adopted in New York State as opposed to any more latitudinarian approach that would permit commercial surrogacy. Clearly, if the payment of money in exchange for parental rights should be prohibited, then we have a strong basis on which to reject the intentionalist theory, along with any other theory tht would link the parentage of a child with the payment of money. This conclusion is in no way undermined by the various arguments recited in part V above that favor the intentionalist theory since, as we have seen, these arguments are flawed
