P.M. and C.M. (the “Ms”) are married and live in Iowa. Unable to conceive their own child, they signed a contract with T.B., who, in exchange for $13,000 and medical expenses, agreed to be impregnated with embryos fertilized with P.M.’s sperm and the ova of an anonymous donor. T.B. agreed to carry the pregnancy to term, and she and her spouse, D.B., (the “Bs”) promised to hand over the baby at birth to the Ms. During the pregnancy, the relations between the parties deteriorated. When the baby was born, T.B. refused to honor the agreement to give up the child. Meanwhile, genetic testing excluded T.B. and D.B. as the biological parents and established P.M. as the father. Iowa exempts “surrogacy” from a state criminal statute that prohibits selling babies. There is no other state law on point. Is the contract between the Ms and the Bs enforceable? Discuss. [P.M. v. T.B., 907 N.W.2d 522 (Iowa 2018)] (See Legality.)
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