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from Part II - The Feminist Judgments
Published online by Cambridge University Press: 31 March 2020
Johnson v. Calvert is one of the most significant cases in the development of surrogacy law. Its reasoning shaped not only the laws addressing surrogacy but how the industry of commercial surrogacy developed. The re-written opinion by Professor Melanie Jacobs centers how race, class, and gender affect commercial surrogacy agreements in contrast to published opinions addressing surrogacy that provide little insight into how these issues intertwine. The re-written opinion also addresses key issues left unresolved by the original opinion that would likely have significantly changed the evolution of laws addressing surrogacy and the practice of commercial surrogacy.
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