Surrogate claims fundamental parental liberty interest under Meyer v. Nebraska and Troxel v. Granville. However, gestational carriers without genetic relationship face insurmountable standing barriers where valid pre-birth contractual intent was formalized.
Intended parents assert equal protection right to access assisted reproductive technology (ART) without discriminatory state interference, citing constitutional protection of procreative liberty under Eisenstadt v. Baird.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) mandates child's home state jurisdiction. In interstate surrogacy disputes where the birth occurs in an anti-surrogacy state, multi-jurisdictional decrees trigger Full Faith and Credit dilemmas.
Under modern UPA enactments, gestational surrogacy pacts approved by judicial pre-birth orders immediately vest legal parentage in intended parents upon birth, foreclosing surrogate claims.