Selling of Babies: Business or profession?

Surrogate Parenting Associates, Inc. (SPA), is a Kentucky based Infertility clinic that assisted infertile couples in obtaining a child through surrogacy.

As a part of their corporate policy and contractual agreement, it was contemplated that after delivery of the child the parental rights of the surrogate mother would be terminated and the custody to be given to the biological father.

The defendant instituted legal proceedings against the SPA on the grounds that they were misusing their corporate powers to abuse the surrogate mother and the same was detrimental to the welfare of the state and its citizen.

The defendants claimed that the SPA was involved in ‘’Selling of Babies’’ in the name of assisting infertile parents.

The Hon’ble Court disagreed and rejected the petition and justified that SPA was a medical clinic and as a professional commitment were dedicated to assist the infertile couples.

There was no apparent abuse of the surrogate as the surrogate was provided with all her pregnancy expenses, duly paid in portions, prior to giving birth and after the termination of the surrogate’s parental rights.

The Hon’ble Court held that the SPA acted within their corporate capacity and nothing beyond that.