An agreement in which a woman agrees to become a surrogate or to relinquish her rights and duties as parent of a child thereafter conceived through assisted conception is void. Uniform Status of Children of Assisted Conception Act, Alternative B, § 5, 9B U.L.A. 208 (Master ed. Supp. 1997).
The father brought an action against the mother after the mother breached a surrogate parenting agreement. The lower court awarded the father temporary custody of the child and granted a preliminary injunction in favor of the father. The mother sought review.
Is a surrogate parenting agreement valid and binding between the parties?
The court held that no private agreement concerning adoption or custody could be conclusive because a judge, passing on custody of a child, must have decided what was in the best interests of the child. The court also held that an agreement in which a woman agreed to become a surrogate or to relinquish her rights and duties as parent of a child thereafter conceived through assisted conception was void.