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Family Law Keyed to Weisberg
P.M. v. T.B.
Citation:
907 N.W.2d 522 (Iowa 2018)Facts
Plaintiffs are a married couple unable to conceive their own child. They signed a surrogacy contract with defendants (a wife and husband with four children from the wife’s former marriage), who wanted the money for fertility services of their own. The contract required plaintiffs to pay $13,000 to defendant for the gestational service, and the payment was conditioned upon defendants surrendering custody of a live child upon birth. The defendant became pregnant with twins, but due to several disagreements the relationship between the parties soon started to breakdown. The babies were born prematurely, and one of them died eight days later. The defendant did not tell the plaintiffs about the twins’ birth. The plaintiffs seek a declaration that plaintiffs have no legal right to a relationship with the surviving baby and the Surrogacy Agreement is unenforceable.
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