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Surrogacy contracts are not just another contract
Vera Lúcia Raposo1,2
2019-09-01
Source PublicationMedicine and Law
ISSN0723-1393
Volume38Issue:3Pages:535-546
Abstract

Surrogacy contracts, like any other contract, find their main regulation in contract law. However, contract law requires some adaptations to satisfy the specificities of surrogacy arrangements. This paper analyses the main particularity of surrogacy contracts: The need to protect the best interests of a third party, the unborn child; the flexibility of the principle pacta sunt servanda; the disparity between the two parties of the contract, (even though this feature is not consensual). The paper will also look into the adaptations that should be implemented in contract law to regulate these contracts, such as the incorporation of values from family law for the protection of the best interests of the unborn child; the recognition of a right to regret; and the implementation of measures to assure some equality between the parties.

KeywordContract Law Family Law Freedom Of Contract Right To Regret Surrogacy
URLView the original
Language英語English
Scopus ID2-s2.0-85075129773
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Document TypeJournal article
CollectionUniversity of Macau
Corresponding AuthorVera Lúcia Raposo
Affiliation1.Faculty of Law of Macau University,China
2.Faculty of Law of Coimbra University,Portugal
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Vera Lúcia Raposo. Surrogacy contracts are not just another contract[J]. Medicine and Law, 2019, 38(3), 535-546.
APA Vera Lúcia Raposo.(2019). Surrogacy contracts are not just another contract. Medicine and Law, 38(3), 535-546.
MLA Vera Lúcia Raposo."Surrogacy contracts are not just another contract".Medicine and Law 38.3(2019):535-546.
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