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Official Blog of the AALS Section on Contracts

Lawyers struggle with surrogacy contracts

Fetus Lawyers who try to draft contracts covering parental surrogacy arrangements face a good deal more uncertainty than those involved in other commercial transactions.  A Salt Lake Tribune story by reporter Elizabeth Neff explores the problems.

One lawyer quoted in the piece, Thomas Pinkerton, explains how his clients deal with the uncertainties of contract language:

The need to be a parent is so strong that the risks are not going to keep people from doing this.  I have a whole range of clients, from those who say, “Do I have to read this contract?” to parents who agonize over every word.  I have no one who says, “Oh, gee, this is too much legal risk for us, I am just not going to have kids.”

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