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Authors

Steve Jasper

Abstract

In the evolving science and business of surrogacy, an important issue arises as to what duty, if any, a surrogacy business owes to its participants and the child created through the surrogacy process. In Huddleston v. Infertility Center of America, the Superior Court of Pennsylvania held that a surrogacy business had the duty to take steps to protect a child created by surrogacy form abuse at the hands of his biological father, and, if it was negligent in not doing so, its negligence could be found to be the proximate cause of the child’s injuries. This Note evaluates why and how the court arrived at this surprising conclusion and examines the dangerous policy implications the court may have created in the process.

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