Question
Melissa Cook is agestationalsurrogate living in California. Cook becamepregnant with triplets following a round ofin vitroin which doctors implanted her with 3 embryos created with
Melissa Cook is agestationalsurrogate living in California. Cook becamepregnant with triplets following a round ofin vitroin which doctors implanted her with 3 embryos created with the intended father's sperm and donor eggs from another, unrelated woman. After all three embryos survived, the intended father demanded that Cook abort one of the babies pursuant to the terms of their negotiated surrogacy contract. Cook refused and carried all three babies nearly to term. Prior to delivering the babies,and pursuant to California law,the intended father had Cook's parental rights terminated and he waslegally declaredthe sole parent of the three tiny babies (there was no intended co-parent in this situation). Cook filed suit, seeking custody of at least one of the triplets and arguing thattheCA surrogacy law violated theconstitutionalrights of thesurrogateand the children born via surrogacy. How do you think the court should rule on her challenge?
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