Question

Contracts Contrary to Public Policy.

P.M. and C.M. (the "Ms") are married and live in Iowa. Unable to conceive their own child, they signed a contract with T.B., who, in exchange for $13,000 and medical expenses, agreed to be " "impregnated with embryos fertilized with P.M.’s sperm and the ova of an anonymous donor. T.B. agreed to carry the pregnancy to term, and she and her spouse, D.B., (the "Bs") promised to hand over the baby at birth to the Ms. During the pregnancy, the relations between the parties deteriorated. When the baby was born, T.B. refused to honor the agreement to give up the child. Meanwhile, genetic testing excluded T.B. and D.B. as the biological parents and established P.M. as the father. Iowa exempts "surrogacy" from a state criminal statute that prohibits selling babies. There is no other state law on point. Is the con-tract between the Ms and the Bs enforceable? Discuss.

Answer 1

The contract's enforceability between the Ms and the Bs for a child born to a surrogate mother is uncertain due to the absence of specific Iowa state law on surrogacy. Factors like the genetic connection to the child, payment for surrogacy, and the best interests of the child will influence the court's decision.

Step-by-step explanation:

The enforceability of the contract between the Ms and the Bs to transfer custody of a child born to a surrogate mother depends on several factors. Firstly, Iowa law exempts surrogacy from the criminal statute that prohibits selling babies, which indicates an initial layer of legal protection for surrogacy agreements. However, the lack of specific state law on surrogacy could lead to ambiguity in enforcing such contracts.

The intention of the parties, the payment of consideration, and the best interests of the child will all likely be considered. Additionally, the genetic connection of P.M. to the child as established by DNA testing may strengthen the Ms' case for enforcement of the contract. Yet the court will also weigh the interests of the surrogate, T.B., who carried the child to term.

It is a complex legal matter where the courts would likely need to balance the intent behind the surrogacy arrangement, the well-being of the child, and the absence of specific laws governing surrogacy contracts. Each case may present unique ethical and legal challenges, potentially leading to different interpretations by the courts.