(56.) See SURROGATE PARENTING IN N.Y., supra note 51, at 51-56 (recommending legislation requiring judicial approval of a surrogacy contract prior to artificial insemination, suggesting means to ensure informed consent, and setting forth a specific-performance remedy for breach); Jeffrey Schmalz, Albany Surrogacy Bill is Withdrawn, N.Y.
STATE TASK FORCE ON LIFE & THE LAW, SURROGATE PARENTING: ANALYSIS AND RECOMMENDATIONS FOR PUBLIC POLICY 104-05 (1988) [hereinafter SURROGATE PARENTING: ANALYSIS AND RECOMMENDATIONS FOR PUBLIC POLICY].
OF HEALTH, THE BUSINESS OF SURROGATE PARENTING 1 (1992) [hereinafter THE BUSINESS OF SURROGATE PARENTING]; see Curry, supra note 7 (describing the importance of the Health Department report as an impetus for legislation after several unsuccessful efforts by Governor Cuomo, beginning in 1989).
(61.) See THE BUSINESS OF SURROGATE PARENTING, supra note 60, at 1; see also David Bauder, Proposal Targets Surrogate Parenting, THE TIMES UNION (Albany), May 13, 1992, at B10.
Koppell pointed out that the Health Department report, THE BUSINESS OF SURROGATE PARENTING, supra note 60, found only three cases involving serious problems, Id.
See AFTER BABY M, supra note 72, at 1 (New Jersey report); SURROGATE PARENTING: ANALYSIS AND RECOMMENDATIONS FOR PUBLIC POLICY, supra note 58, at 1-2 (New York report).
The Task Force explained that these measures were designed to "eliminate commercial surrogacy and the growth of a business community or industry devoted to making money from human reproduction and the birth of children." The proposed legislation would leave voluntary, noncommercial surrogate parenting to be regulated by existing laws on adoption.
Like the New Jersey Supreme Court, the Task Force rejected contract law and commercial rules as a basis for regulating surrogate parenting arrangements.
If flatly rejected the arguments made by some legal scholars that the right to enter into a surrogate parenting agreement is protected by the Constitution as an extension of the right to reproduce.