The Model Rules of Professional Conduct provide a guidepost on how attorneys should behave in relation to their clients, the court, and the law. Among other things, attorneys must be competent, diligent, loyal, and avoid conflicts of interest. Family law—where attorneys must often deal with closely-related parties on matters of extreme personal significance—can be an ethical minefield. This is especially true in surrogacy law, an often-unregulated subfield that, at its best, helps create families—and at worst, leads to unethical treatment against pregnant persons. This article considers common ethical questions that arise in surrogacy law, viewed through the Model Rules of Professional Conduct. Interviews from practicing surrogacy lawyers from three states help illustrate the challenges inherent to the field.

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