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38 Med. & L. 535 (2019)
Surrogacy Contracts Are Not Just Another Contract

handle is hein.journals/mlv38 and id is 559 raw text is: Med Law (2019) 38:3:535-546 Medicine and Law World Association for Medical Law Surrogacy SURROGACY CONTRACTS ARE NOT JUST ANOTHER CONTRACT Vera Lticia Raposo* Abstract: Surrogacy contracts, like any other contract, find their main regulation in contract law. However, contract law requires some adaptations to satisfy the specificities of surrogacy arrangements. This paper analyses the main particularity of surrogacy contracts: the need to protect the best interests of a third party, the unborn child; the flexibility of the principle pacta sunt servanda; the disparity between the two parties of the contract, (even though this feature is not consensual). The paper will also look into the adaptations that should be implemented in contract law to regulate these contracts, such as the incorporation of values from family law for the protection of the best interests of the unborn child; the recognition of a right to regret; and the implementation of measures to assure some equality between the parties. Keywords: Surrogacy; Contract Law; Family Law; Right to Regret; Freedom of Contract 1. Introduction Surrogacy contracts are, as indicated by the name, contracts; more specifically, a surrogacy contract is a service contract between the commissioning parents and the woman who carries the baby. Gestation is the contractualised service. * Associate Professor of the Faculty of Law of Macau University, China. Email: vraposa@ um.edu.mo Auxiliary Professor of the Faculty of Law of Coimbra University, Portugal. Email: vera@fd.uc.pt 535

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