Katherine and Jason are a married couple who hope to have a baby. Katharine is unable to carry a child due to complications arising out of cervical cancer.Prior to undergoing cancer treatments, the couple froze 6 embryos created from the sperm of Jason and the eggs of Katharine.In January 2017, the couple met Bridget who agreed to serve as a surrogate.On January 10, 2017, the couple and Bridget entered into a contract providing that the embryo created with the sperm of Jason and the egg of Katherine would be implanted into Bridget who would carry the baby and the child born would be taken into Jason and Katharine's home as their child. Bridget agreed that she would relinquish all parental rights to the child and in return Jason and Katharine would pay Bridget $10,000 in a series of installments, the last of which would be paid 6 weeks after the child's birth.Unfortunately, during the pregnancy, the relationship between the couple and the surrogate deteriorated.The couple learned that the surrogate had a medical condition that could interfere with the pregnancy which was not disclosed to them. Similarly, Bridget felt that she was not being treated fairly by the couple and she no longer felt that they would be suitable parents.In July 2018, Bridget sent a letter to Jason and Katharine informing them that if they did not immediately pay her the remainder of the money that she would not turn the child over to them. Jason and Katharine file suit to be declared the the legal parents of the unborn child. Bridget also files suit asking to be declared the legal parent of the child.During the course of the trial, a DNA test confirmed that the child being carried by Bridget was biologically the child of Katharine and Jason and that fact is not in dispute.

Who do you think will be successful in the trial?Why do you think that party will succeed and under what legal concepts?What are the potential implications of declaring Katharine and Jason the parents before the child is born?How would that decision affect other legal issues like adoption or paternity or custody?What are the potential implications of declaring Bridget the parent?Should we allow surrogate mothers to be excused from their contractual obligations?Would your answer be different if the embryo was not the biological product of the Jason and Katharine, but instead an embryo they purchased from different people?