SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
R.R. v. M.H. & another
Citation:
426 Mass. 501, 689 N.E.2d 790 (1998)Facts
The plaintiff father and his infertile wife, both in their forties and married since 1989, contracted with the New England Surrogate Parenting Advisors in September 1996 after determining adoption was not feasible due to their ages. The defendant mother, a married woman with two children, responded to a NESPA advertisement motivated by a desire to be pregnant, earn money, and help an infertile couple. After psychological evaluation and legal consultation, the parties executed a surrogacy agreement on November 1 and 18, 1996, providing for artificial insemination with the father’s sperm and payment of $10,000 in installments plus expenses. The agreement stated the father would have full legal parental rights and custody, while acknowledging the mother retained parental rights but would forfeit payments and reimburse all fees if she sought custody or visitation. The mother successfully conceived in late November or early December 1996 and received $3,000 in payments. In May 1997, during her sixth month of pregnancy, she changed her mind, returned the third payment of $3,500 uncashed, and decided to keep the child. The father filed suit before the child’s birth on August 15, 1997, and obtained temporary custody.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.