R.R. v. M.H. & another
Supreme Judicial Court of Massachusetts
426 Mass. 501, 689 N.E.2d 790 (1998)
R.R. (the father) (plaintiff) entered into a surrogacy agreement with M.H. (defendant) (the birth mother). The father agreed to pay $10,000 “for services rendered in conceiving, carrying and giving birth to the Child.” The father agreed to pay the amount in installments. The final installment was not due until after the child’s birth. The birth mother agreed to refund the full amount, including any additional expenses paid, if she attempted to gain custody or visitation rights. Thereafter, the mother successfully conceived. After receiving the final installment, however, but before giving birth to the child, the birth mother informed the father that she intended to keep the child. She returned the final installment, but made no attempt to refund other installments or the pregnancy-related expenses that had already been paid. The father filed suit, alleging breach of the surrogacy agreement. The birth mother filed a motion to determine the enforceability of surrogacy contracts in Massachusetts. The trial judge entered an order directing the birth mother to give the child to the father when it was born and granted the father temporary physical custody.
Rule of Law
Holding and Reasoning (Wilkins, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 710,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.