Surrogacy Law

Iowa surrogacy contracts case appealed to US Supreme Court

Source Miami Herald

DES MOINES, IOWA 

An Iowa woman is asking the U.S. Supreme Court to consider striking down surrogacy contracts as a violation of the constitutional rights of mothers and their babies.

In an appeal of a February Iowa Supreme Court ruling, a Muscatine woman is asking the nation’s highest court to take the case and hear arguments and then find that a surrogate mother does not waive her constitutional rights and those of her future child when she signs an agreement to have a baby for another couple.

The woman, identified in court documents only as T.B., is challenging a ruling that concluded for the first time in Iowa that gestational surrogacy agreements are enforceable. The Iowa court said banning such arrangements would deprive infertile couples of perhaps the only way to raise their own biological children. The court ruling meant the woman was legally not the parent of the now-23-month-old girl to whom she gave birth.

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