R.R. v. M.H.

426 Mass. 501, 689 N.E.2d 790 (1998)

 

RULE:

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).

FACTS:

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.

ISSUE:

Is a surrogate parenting agreement valid and binding between the parties?

ANSWER:

No.

CONCLUSION:

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.

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