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First, there was not sufficiently informed consent, the court argued.
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"Under the contract the natural mother is irrevocably committed
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before she knows the strength of her bond with her child,
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she never makes a truly voluntary,informed decision,
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for any decision prior to the baby's birth is,
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in the most important sense, uninformed," That was the court.
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Then the court also made a version of the second argument
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against commodification in this kind of case
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"This is the sale of a child," the court said,
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"Or at the very least, the sale of a mother's right to her child.
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Whatever idealism may motivate the participants,
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the profit motive predominates permeates,