Which of the following legal principles has been used to determine custody of a

Question

Which of the following legal principles has been used to determine custody of a child born of a surrogate mother who reneged on her agreement to give up custody of the child?

1) The best interest of the child

2) The mother's right to choose

3) The sanctity of marriage

4) Breach of contract

What is the major legal and philosophical problem with “wrongful life” cases?

1) Determination of the time of birth

2) How to measure damages

3) The statute of limitations

4) The Americans with Disabilities Act

Explanation / Answer

1. ANS: surrogacy contract is enforceable depends on the resolution of a number of issues. First, courts must decide whether such a contract is void as against public policy or voidable by the birth mother. If the contract is enforceable, then the proper remedy for the breach of contract.

So the correct option is 4. Breach of contract

2. ANS: The correct option is 1. Determination of the time of birth

Wrongful life' torts raise a number of interesting and perplexing philosophical issues. In a suit for 'wrongful life', the plaintiff (usually an infant) brings an action (usually against a physician) claiming that some negligent action has caused the plaintiff's life, say by not informing the parents of the likely prospect that their child would be born with severe defects.

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