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The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions:

  • Are surrogacy agreements enforceable, void, or prohibited? Does it make a difference whether the surrogate mother is paid (commercial) or simply reimbursed for expenses (altruistic)?
  • What, if any, the difference does it make whether surrogacy is traditional or gestational surrogacy?
  • Is there an alternative to post-birth adoption for the recognition of the intended parents as the legal parents, either before or after the birth?