Re: Illinois Enacts Legislation To Regulate Gestational Surrogacy, Clarify Pa...
From: Efrain Ramirez (eramirezt@coqui.net)
Wed Jan 5 21:24:49 2005
Bob - this is an Ob-Gyn forum - pleeeease...:)
>At Tue, 04 Jan 2005, Robert J. Carpenter, Jr. MD wrote:
>
>The question would go through the state courts unless you use the "Full faith and
>credit clause" Art. IV, section 1- it continues" shall be given to the public acts,
>records, and judicial proceedings of every other state."
>
>The problem is that this would be a private K and not a public proceeding such as a
>marriage contract or divorce which would be a "judicial proceeding" under another
>state's law. The private K would not be enforceable in federal court, nor is it a
>Federal question or constitutional issue.
>
>The USSC would grant cert only if multiple state actions were not being honored in
>other states. Massaachusetts judicially recognized marriages are such a "judicial
>proceeding."
>
>Another case worthy of argument before The Court!
>
>On 4 Jan 2005 at 14:00, art fougner, md wrote:
>
>> Joe - Right ... so then does the dispute go to federal court? and
>> maybe to The Supremes?
>>
>> and to Rich ... yeah - so would we get urine toxicology after
>> delivery to detect "damaged goods" or "breach of contract?" Or deliver
>> by Cesarean over the surrogate's objections?
>>
>> art
>>
>> At Tue, 4 Jan 2005, DoctorJoe@aol.com wrote:
>> >
>> >In a message dated 1/4/2005 12:07:40 P.M. Central Standard Time,
>> >evsono@pipeline.com writes:
>> >
>> >Ok so what happens if somewhere about 24 wks, the "surrogate" takes
>> >up residency in another state - one does not recognize the
>> >legitimacy of surrogacy? I predict this may get dicey on many
>> >levels.
>> >
>> >According to La. Law, you can't have surrogate motherhood here.
>> >
>> >La. Rev. Stat. § 2713. Contract for surrogate motherhood; nullity
>> >
>> >A. A contract for surrogate motherhood as defined herein shall be
>> >absolutel null and shall be void and unenforceable as contrary to
>> >public policy.
>> >
>> >B. "Contract for surrogate motherhood" means any agreement whereby a
>> >person not married to the contributor of the sperm agrees for
>> >valuable considerat on to be inseminated, to carry any resulting
>> >fetus to birth, and then to relinquish to the contributor of the
>> >sperm the custody and all rights and obligations to the child.
>> >
>> >Joe P.
>>
>> --
>> art fougner, md
>> May the Joy of this Holiday Season Be with You
>> and Yours throughout the New Year.
>>
>--
>Robert J. Carpenter, Jr. MD
>6624 Fannin, #2720
>St. Luke's Medical Tower
>Houston,TX 77030-2339
>713-795-4600
>
--
"The opposite of a correct statement is a false statement.
But the opposite of a profound truth may well be another profound truth."
Niels Bohr (1885 - 1962)
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