UPDATES & ANALYSIS

10.03

U.S. Supreme Court rejects appeal from an Iowa surrogate mother seeking custody of the child

by Rox Laird | October 3, 2018

The U.S. Supreme Court denied an appeal of an Iowa Supreme Court ruling on the enforceability of a contract signed by a woman who acted as a surrogate mother for an Iowa couple unable to conceive a child of their own.

The Iowa Supreme Court ruled on Feb. 16 that the contract was valid, that the surrogate mother and her husband are not the child’s genetic parents and that the District Court correctly awarded custody of the child to the biological father.

The surrogate mother appealed that ruling to the U.S. Supreme Court, arguing that her interest in the child and her right to be free of state-enforced exploitation are protected by the 14th Amendment. On Monday, The U.S. Supreme Court issued a 74-page list of appeals considered at its Sept. 24 conference that were denied, including the Iowa petition.

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