R.R. v. M.H


426 Mass. 501 (1998)

R.R. v. M.H. & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 22, 1998.


Attorney(s) appearing for the Case

Elaine M. Epstein (Juliet A. Davison with her) for the mother. Carol A. Erskine, guardian ad litem.

Margaret Clapp-Winchester for the father.

The following submitted briefs for amici curiae:

Joyce M. Brousseau, pro se.

John J. Weltman for The American Surrogacy Center, Inc.

Susan L. Crockin for Boston Fertility Society & another.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.


WILKINS, C.J.

On a report by a judge in the Probate and Family Court, we are concerned with the validity of a surrogate parenting agreement between the plaintiff (father) and the defendant (mother). Both the mother and the father are married but not to each other. A child was conceived through artificial insemination of the mother with the father's sperm, after the mother and father had executed the surrogate parenting agreement. The agreement provided that the father...

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