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P.M. v. T.B. | 907 N.W.2d 522 (2018)
Most of the time, law develops over decades, perhaps centuries. Sometimes, new circumstances, new abilities, or new technologies require immediate creation of new law. The Iowa Supreme Court tacked the legality of the newly developed gestational surrogate in P. M. versus T. B.
P. M. and C. M., married and approaching age fifty, wanted to have a child together. But C. M. couldn’t conceive anymore, so they advertised for a surrogate mother. T. B., a married woman, answered the ad, and along with her husband D. B., met the Ms. The Bs were having difficulty conceiving a child of their own and needed money to pay for their own in vitro fertilization attempts. The Ms and T. B. signed a gestational-surrogacy agreement whereby T. B. would carry two embryos fertilized in vitro using P. M.’s sperm and eggs from an anonymous donor. The Ms would pay T. B.’s medical expenses while carrying P. M.’s child. Once T. B. delivered a live child and gave up the baby to the Ms, the Ms agreed to pay for the Bs to undergo in vitro fertilization of their own, up to thirteen thousand dollars.
Two embryos were successfully implanted in T. B.’s uterus. But the relationship between the two couples deteriorated, mainly over payment of medical expenses and T. B.’s demand for more money. Eventually, T. B. decided she wouldn’t turn the baby over to the Ms.
The infants were born thirteen weeks prematurely, and one of them died eight days later. T. B. withheld news of the infants’ birth and the one’s death from the Ms, but the Ms eventually found out. The Ms sued the Bs seeking to enforce the surrogacy agreement. After genetic testing verified that P. M. was the baby’s biological father, the trial court awarded custody to P. M., ruled that T. B. and D. B. weren’t the baby’s biological or legal parents, and enforced the surrogacy agreement. The Bs appealed to the Iowa Supreme Court.
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