Skip to content


by Elizabeth Tharakan

Repository Citation

Elizabeth Tharakan LAW AND ECONOMICS IN SURROGACY MARKETS Spring 2024 Int’l J. L. Ethics Tech. 2 (2024).
Available at:

Author Information: Southern Illinois University Carbondale, USA


The concept of reproductive justice can offer a framework for complex and nuanced analyses of surrogacy, taking into account the agency of surrogates and potential vulnerability of intended parents. When we define surrogacy contracts, we mean the situation in which the fertilized egg of a married couple is inserted into the uterus of a surrogate mother and carried to term by a woman who has no genetic connection with the fetus. Surrogacy contracts offer a way to supply a genetic connection that adoption contracts cannot provide. This paper argues that surrogacy with heavy regulation is a step forward into the future because it incorporates the best legal solution to custody disputes while also attaining the most economically efficient solution. This paper argues the same about surrogacy markets becoming a standard and prudent practice because calling babies a Pareto-efficient exchange that benefits everyone at the expense of no one. Surrogacy can be an excellent option for a set of biological parents who desire a child but cannot carry a pregnancy for health reasons, with potential framework for the psychological and sociological effects of mental health and abortion. The status of surrogacy agencies within the United States allows for heavy legal and economic regulation of surrogacy markets. When the law of contracts and property are incorporated into surrogacy markets, it is easier and more “efficient” for couples to make bargains with surrogate gestational carriers.

Keywords: Economics, Surrogate, Surrogacy, Gestation, Pregnancy

Tables of contents

Attribution 4.0 International (CC BY 4.0)

Persistent link:


Full-text PDF article