FMSC 487 Lecture Notes - Lecture 24: Meddle, Mary Ellen Wilson, Sodium Hydride
19 Apr 2018
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Gestational- one egg another"s womb: facts: mr. stern"s sperm impregnates ms. whitehead (cid:523)surrogate(cid:524). Surrogate did not want to give up baby despite contract giving up her prenatal rights for which she would be compensated. Issue: can this surrogacy contract be valid (enforced): holding: they do not allow surrogacy contract (baby selling). If there is no money involved, then we might enforce it: end up giving the sterns the child because they are better-fit family not because of the surrogacy agreement. They do however give ms. whitehead visitation rights: pick your state wisely- ok in md, not in dc, altruistic in va. Legitimacy: law defined child born to married couple as legitimate, automatically receive all rights and benefits from the parent-child relationship. Financial support: question: should non-marital dad have to provide support, not universally recognized until 1973, using levy if a state establishes a right to paternal support this must extend to legitimate & illegitimate kids.
