The ethical and legal dilemmas surrounding gestational surrogacy are complex and abounding. A gestational surrogate is paid to be implanted with a fertilized ovum genetically unrelated to her and carry a pregnancy for a commissioning couple. the legal determination of maternal rights and the enforceability of surrogacy contracts are among many ethical dilemmas. Nurses must effectively communicate with gestational surrogacy parties and understand that ethical dilemmas may arise. This brief report summarizes the perspectives that pregnancy may be unethical due to alienation and dehumanization, that anti-surrogacy arguments are flawed, and that it is difficult to deem surrogacy as immoral, and finally discusses four paradigms for determining legal maternity. In conclusion, federal legislation to standardize surrogacy laws is recommended and elaborated upon.