Surrogacy Contract and Enforceability

Husband and wife contracted with surrogate mother to deliver the baby from  husband’s sperm and a donor’s egg. During the pregnancy, husband and wife separated. The surrogate mother petitioned the court to declare husband and wife as parents of Baby S. The court declared husband and wife (wife was the adverse party) as the legal parents of Baby S, and held that all fees and costs obligated under the contract enforceable against wife, holding that the contract did not violate public policy.  In re: Baby S, 5 Fid. Rep. 3d 221 (O.C. Montg. 2015) (Opinion by Ott, J.), aff’d, 2015 PA Super 244, No. 1259 EDA 2015 (11/23/2015).

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