Legal Question in Family Law in Pennsylvania
August 15th I signed a contract to be a surrogate mother. I found out today I am pregnant with my own child, conceived before the contract was signed. Can I be sued for breech of contract? I have not gotten blood work for the fertility clinic or the prescreening yet.
1 Answer from Attorneys
First Pennsylvania has no statute on Surrogate Parenting and there is only one case that addresses the matter.
If you want out of the contract your defense would be impossibility. That is in your current state you can not become pregnant again. Even if the other party won in court and they got specific performance as a remedy they would have to wait until you could become pregnant again. Now if they gave you any money you will have to give it back. And they could sue you for other damages.
Your case will be unique,
{John}