The promise of commercial surrogacy was straightforward: Adults who could not have children naturally could build families through this technology, and women willing to carry pregnancies could earn money to help them do so. Everyone involved, it seemed, could freely exercise choice to enter the contract.
But a court battle now moving between Alaska and California has exposed one of the hardest questions facing the future of reproductive law: Can a contract governing pregnancy ever overcome the bodily autonomy of the woman carrying the child?
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