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27 Widener Commw. L. Rev. 83 (2018)
The Enforcement of Selective Reduction Clauses in Surrogacy Contracts

handle is hein.journals/wjpl27 and id is 91 raw text is: THE ENFORCEMENT OF SELECTIVE REDUCTION CLAUSES IN SURROGACY CONTRACTS Julia Dalzell* Introduction As reproductive technology advances, many infertile couples are turning to gestational surrogacy, 1 resulting in thousands of babies born through contracting.2 Although most contracts are completed without issue, the conflicts that do arise are quickly reported and debated. Controversial cases of surrogacy quickly make headlines. In 2013, Crystal Kelley, a gestational surrogate for an infertile couple, * J.D. Candidate University of San Diego School of Law, 2018. B.A., Economics, The Pennsylvania State University. Lead Articles Editor, San Diego Law Review. I would like to thank Professor Dov. Fox for all his help and guidance in writing and publishing this article. I also extend my thanks to the editors of the Widener Commonwealth Law Review for their support. 1 California law distinguishes between so-called traditional surrogates and gestational carriers. A gestational carrier is one who is not an intended parent and who agrees to gestate an embryo that is genetically unrelated to her pursuant to an assisted reproduction agreement, whereas a traditional surrogate is a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents. CAL. FAM. CODE § 7960(f)(1)-(2) (Deering 2016). 2 In 2014, there was an estimated 2,000 babies born through gestational surrogacy in the United States. See Tamar Lewin, Coming to US for Baby, and Womb to Carry It, N.Y. TIMES (July 6, 2014), http://www.nytimes.com/2014/07/06/us/foreign-couples-heading-to-america- for-surrogate-pregnancies.html? r-0. See also Karen Caplan, More than 1.5% of American babies owe their births to IVF, report says, L.A. TIMES (Mar. 3, 2015, 12:07 PM), http://www.latimes.com/science/sciencenow/la-sci-sn-ivf-live-births- success-rate-20150303-story.html. The Center for Disease Control estimates that 19,218 births have resulted from all types of surrogacy arrangements as of 2010 in California alone, with a nationwide estimate of 137,482. Magdalina Gugucheva, Surrogacy in America, COUNCIL FOR RESPONSIBLE GENETICS (2010), http://www.councilforresponsiblegenetics.org/pageDocuments/KAEVEJOA1 M. pdf, at 10.

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