ABSTRACT
This chapter examines some of the difficult social, legal, and ethical issues involved in the unique transaction. Through the use of rapidly advancing medical technology, at least six different means of achieving parenthood have been identified: artificial insemination by the husband, artificial insemination by a donor, egg donation, artificial embryonation, embryo adoption, and surrogate mothering. Article Two of the Uniform Commercial Code is entitled "Sales" and covers modern mercantile sales transactions from the initial agreement through performance to discharge. Article Two sets out the rights and responsibilities of people dealing in commercial transactions and reflects the rules and principles that have been developed by merchants since the Middle Ages. There is no clear-cut line of demarcation between potential social-psychological problems and "purely" legal problems in surrogacy. Questions related to whether a surrogate acted willingly after being fully informed of all the potential consequences of her participation involves her psychological state and the legal issues of coercion, fraud, or misrepresentation.
