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In re Baby M:

How the Surrogacy Access Revolution Prompted Reaction and Reform in Family Law


Thesis


Before the 1980s, U.S. law banned commercial reproduction and lacked a framework for surrogacy. The rise of assisted reproductive technologies expanded the possibility of surrogacy, creating legal questions existing laws could not resolve. The 1988 In re Baby M case ignited national debate about the ethics and legality of surrogacy, leading many states to restrict or ban such agreements. Over time, continued legal and public pressure led to reforms, including updates to the Uniform Parentage Act, that shifted surrogacy toward regulated and enforceable legal access.​​​​​​​

“Four intelligent adults came together. They made an agreement. Two didn’t carry it out, and that is why we are here today.”

- Harvey Sorkow, Judge to the Baby M Case, 1 February 1989, A Mothers Story

Emily Totushek     Senior Division     Individual Website

Student-Composed Word Count: 1200    Process Paper Word Count: 498    Multimedia Length: 1:35 Minutes