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Contracts Keyed to Dawson
P.M. v. T.B.
Citation:
907 N.W.2d 522.Facts
The Ms sought to have children, but the C.M. was no longer able to conceive due to her advancing age. The Ms placed an advertisement on Craiglist seeking a surrogate mother. T.B. and D.B. wanted to have more children, but were unable to without in vitro fertilization (IVF). T.B. responded to the Craigslist advertisement expressing her interest in assisting the Ms and the couples met for dinner. T.B. ultimately agreed to act as a surrogate mother. The Ms then hired a lawyer to draft an agreement per the request of their fertility clinic. The surrogacy agreement provided that the Ms would pay for T.B.’s pregnancy-related medical expenses. Furthermore, in exchange for delivery of a live child, the Ms would pay up to $13,000 for an IVF cycle for the Bs. In the event of a miscarriage or stillbirth, the Ms would pay T.B. $2,000. The couples signed the agreement on January 5, 2016. On March 27, 2016, two embryos from the eggs of an anonymous donor and P.M.’s sperm were implanted in T.B.’s uterus. T.B. then became pregnant with viable twins. On August 31, 2016, the twins were born thirteen weeks premature and one twin died eight days after birth. T.B. did not inform the Ms of the birth or the death and the Bs arranged for the deceased baby’s cremation. On October 24, 2016, the Ms began this action. On October 31, 2016, the Ms obtained an emergency injunction and Baby H was surrendered to the Ms.
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