Indiana Family Lawyer Blog
A California woman, Melissa Cook, who agreed to act as a surrogate for a single man, is seeking custody of one of the children after giving birth to triplets. The intended father allegedly requested a reduction, as he only wanted twins. Cook is challenging the constitutionality of a clause in the contract that allegedly allowed the intended father to request a reduction.
Californian law currently permits commercial surrogacy, but Cook is aiming to change that, hoping that the court will deem both the contract and the law unconstitutional. Cook’s lawyer claims that children born through a surrogacy arrangement have a “fundamental right to get to know and love their mother,” and that the current law in California violates that right.
After a state court ruled against her, Cook appealed and is now waiting for a decision. The court will determine whether a surrogate mother has any parental rights and whether commercial surrogacy is constitutional. The court will also consider whether a surrogate may be sued for damages by an intended parent.
