This article inquires into the meaning and value of contract as a principle for ordering technologically assisted human reproduction. The article seeks to provide an analytically sound definition of this contractual option for ordering the new reproductive technologies, an accurate statement of its current legal status, and an assessment of its theoretical cogency and political and practical appeal. The purpose of the article is the clarification and critique of contract-based proposals for a new legal ordering of human reproduction. On a more general level, it seeks to contribute to a sound conceptual framework for the ongoing discussion of the legal implications of new reproductive technologies.
William J. Wagner, The Contractual Reallocation of Procreative Resources and Parental Rights: The Natural Endowment Critique, 41 CASE W. RES. L. REV. 1 (1990).