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Response of Professor Field

Published online by Cambridge University Press:  17 May 2016

Martha A. Field
Martha A. Field*
Affiliation:
School of Law, Harvard University, Cambridge, Massachusetts 02138
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Extract

As Professor Hill says, there is one important respect in which he and I agree with each other and disagree with what most states would do today. Faced with a surrogacy arrangement involving a dispute over custody, most state courts would decide the dispute on its own facts, according to the court's view about which parents seemed best for the child. Hill and I both stress that custody battles should be avoided, that parties should not have to go to court to find out who will prevail, and that courts should not decide disputes by comparing the parental characteristics of the particular parties. Instead courts or legislatures should formulate a rule of law that predetermines which party will receive custody in the event of a dispute.

Type
Further Commentaries
Information
Politics and the Life Sciences , Volume 9 , Issue 2 , February 1991 , pp. 262 - 268
Copyright
Copyright © Association for Politics and the Life Sciences 

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References

“Is this child Matthew or Michael?” (1990) Chicago Tribune. September 25, p. C-18.Google Scholar
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