News Brief: Ohio Surrogate Contract Upheld
This case has been around in two different court systems involving an Ohio man wanted to be a parent. He used an egg donor from Texas, and the eggs were fertilized with his sperm and the resulting embryo was implanted in a woman from Pennsylvania. She gave birth to triplets. The deal fell apart when the woman who gave birth took the triplets home. Litigation ensued in both Pennsylvania and Ohio followed.
In December the Ohio Supreme Court issued an opinion you can find as follows: http://www.sconet.state.oh.us/rod/newpdf/0/2007/2007-ohio-6750.pdf
It is a short opinion, both majority and dissent. The majority states that there isn’t any Ohio policy about gestational surrogacy and so there’s no reason not to enforce the contract. They go as far as allowing consideration of an award of damages against the surrogate for breaching her obligations.
Here are some other opinions on the matter: http://lexfamilia.wordpress.com/feed/
