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KELLER V. ROSE: APPELLATE BRIEF

. Keller testified that during pregnancy she "felt myself growing closer and closer to Leah" and grew progressively more and more depressed at the thought of giving her up. She said that immediately after the pregnancy, "I was very upset about losing Leah." (Testimony of Patricia Keller, pp. 5-6 of the Record). Nine months after turning Leah over to the Roses, the Kellers initiated litigation to have the surrogate agreement declared void and to obtain custody of the child.

The only issue presented is whether the Appellate Court interpreted Illinois law and any applicable federal law correctly

in finding the surrogate agreement unenforceable.

Argument and Points and Authorities

The Appellate Court's decision that the surrogate agreement was unenforceable should be affirmed because: (I) it is not unconstitutional under the United States or Illinois Constitutions for the State of Illinois to regulate the terms of or to declare unenforceable private surrogate agreements; (II) the surrogacy agreement conflicts with Illinois public policy in that it (a) places commercial considerations ahead of the best interests of the child, thereby debasing the human relationships involved; and (b) ignores the legitimate interests of the gestational mother and her child in favor of a genetic connection which is only partial and not of dispositive importance; and (III) agreements relating to modern methods of assisted reproduction should be recognized as legally enforceable (if at all) only under judicial supervision and pursuant to legislatively established criteria which balance the various interests involved.

I. It is not unconstitutional under the United States or Illinois Constitutions for the State of Illinois to regulate the terms of or to declare unenforceable private surrogate agreements. Since 1970, the right of privacy has been afforded protection under the Illinois Constitution. In a series of decisions, the United States Sup...

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KELLER V. ROSE: APPELLATE BRIEF. (1969, December 31). In LotsofEssays.com. Retrieved 11:58, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1692341.html