Supreme Court Ruling Raises Questions

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For the first time, the Ohio Supreme Court says some contracts for surrogate parenting are legally enforceable. But that leaves a lot of surrounding questions unanswered. A divided Ohio Supreme Court has ruled that a surrogate mother who kept triplets who were not biologically hers does not have the same rights as a parent. In a 4-3 decision, the court says the Pennsylvania woman must abide by her contract with the triplets’ biological father in Ohio. Justice Paul Pfeifer wrote in yeserday’s majority opinion that it is too soon to say if the contract had indeed been breached and damages should be rewarded. The court’s ruling provides only the initials of the parties to protect the identity of the children. The initials match those of a surrogate mother and a male Cleveland State University professor who have been embroiled in a legal battle over triplets born in Erie, Pennsylvania, in 2003.

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