QUESTION 7 Avery and Bertha Catt wanted a child for years, but Avery proved infertile. Artificial insemination of Bertha also proved unsuccessful because her uterus is unable to maintain a fertilized ovum. A year ago they consulted Dr. Dominguez, a specialist in the treatment of infertility. He suggested in vitro Insemination of Bertha's ova, one or more of which could then be implanted into the womb of a woman who would gestate the child to birth - a 'surrogate mother." The Catts agreed, and Dr. Dominguez arranged to have fertile sperm delivered from Nobel Labs Incorporated, a large corporation with a respected medical director, for fertilization of one of Bertha's ova, which he surgically removed from her. He then implanted the fertilized ovum in the uterus of Ellen Featherstone, a healthy 25- year-old single woman who was referred to Dr. Dominguez by Motherhood Incorporated, a small surrogate mother brokering company with no physician on staff. The Catts had chosen Ms. Featherstone, whom they had never met, from several proposed gestational surrogates referred by Motherhood Incorporated and other brokering services. The Catts agreed to pay Dr. Dominguez his fee of $22,000, and Motherhood Incorporated their administrative fee of $75,000, which included "all legal and medical expenses of carrying the child to term." Motherhood Incorporated agreed to pay the legal and medical fees incurred by Ms. Featherstone, and they agreed to pay her $35,000 to carry the child to term for the Catts. The Catts agreed to accept and parent the child at birth, and Motherhood Incorporated agreed to hold the $75,000 in escrow until the Catts's legal parentage was confirmed either by (1) the placement of the Catts's names on the birth certificate or (2) a court order recognizing the Catts as the parents. The Catts live in Ohio, but they visited Dr. Dominguez at his clinic in Wisconsin, where the medical procedures were performed. Nobel Labs is a New York corporation, while Motherhood Incorporated has its sole office in California, although both of these corporations do business nationwide. One month ago the child, Gerald, was born in Ohio with some serious problems. He is likely to be mildly developmentally disabled as a consequence of an automobile accident Ms. Featherstone suffered during the eighth month of the pregnancy, in which Gerald's skull was partially crushed in utero. The automobile accident was the result of Ms. Featherstone's negligence in going through a red light. In addition, the child is likely to develop mottled, discolored baby teeth as a consequence of the administration of tetracycline to Ms. Featherstone in the emergency room after the automobile accident. Discolored teeth are a well-known consequence of the use of that antibiotic in pregnant women. Finally, the infant suffers from Von Willebrand disease, which is a form of hemophilia that is apparently the result of a genetic condition in the biological father. The condition could have been discovered before impregnation, either through a preimplantation genetic diagnosis (PGD) of the pre-embryo or through a genetic analysis of the sperm source. That analysis was not undertaken because the sperm, according to Nobel Incorporated, "came from a very healthy, very smart man, highly prolific with several healthy children; there was no medical indication that any further inquiry was necessary." The Catts have refused to accept the infant, and they have demanded a refund of the $75,000 from Motherhood's escrow agent. Motherhood Incorporated demands the $75,000. Ms. Featherstone is willing to keep the baby, as long as the Catts pay support, which they refuse to do. She is threatening actions against Bertha and Avery for child support. The state child protective services agency is threatening to take the child into state custody. Question: Who are Gerald's parents? Who has what rights against whom? What kind of a contract would you have drawn as counsel to the Catts? Nobel Incorporated? Motherhood Incorporated? Ms. Featherstone? Dr. Dominguez? Which of those contracts, if any, would be enforceable? Click Save and Submit to some