P.M. v. T.B.

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The gestational surrogacy contract in the instant case was legally enforceable in favor of the intended, biological father against a surrogate mother and her husband who were not the child’s genetic parents.Plaintiffs were a married couple who signed a contract with Defendants, the surrogate mother and her husband. The surrogate mother was impregnated with embryos fertilized with the plaintiff-father’s sperm and the eggs of an anonymous donor. After one surviving child was born, Defendants refused to honor the agreement. Plaintiffs sued to enforce the contract and gain custody of the child. The district court concluded that the contract was enforceable, terminated the presumptive parental rights of the surrogate mother and her husband, established paternity in the biological father, and awarded him permanent legal and physical custody. The Supreme Court affirmed, holding that the district court properly established paternity in the biological father based on the undisputed DNA evidence, terminated the presumptive parental rights of Defendants and awarded permanent custody to the biological, intended father. A contrary holding invaliding surrogacy contracts would deprive infertile couples of the opportunity to raise their own biological children and limit the personal autonomy of women willing to serve as surrogates. View "P.M. v. T.B." on Justia Law