To what extent did the personal characteristics of the "Baby M" parties impact the decision and public perception? What if the surrogate had been a well-educated woman who had originally entered the contract in order to raise funds for the experimental treatment of her husband's cancer? What if, instead of leaving with the baby, she had immediately sought judicial review? What if the biological father had a criminal record and an unstable marriage?

Do you think the court was considering implications for the future as well as the past histories of the parties? If surrogacy contracts were always enforceable, might wealthy woman rent the wombs of poorer women to avoid weight gain, stretch marks, and medical risks of pregnancy?