Document Type


Publication Title


Publication Date



Surrogacy arrangements, in which a set of intended parents contract with a woman to gestate a child for them in exchange for money, have many potential complications. Studies of surrogacy suggest that the vast, vast majority of surrogacy contracts are actually carried out without a hitch. But when things go wrong, they can go drastically wrong, leaving courts and the parties to the agreement to sort out a situation that was never intended to occur.

An ongoing litigation in New Jersey, A.G.R. v. D.R.H., presents just such a case. There, a gay male couple, S.H. and D.R.H., decided to pursue surrogacy as a means of having a child. D.R.H.’s sister, A.G.R., agreed to serve as a gestational carrier for the couple. (It is not clear, despite the formal contracts governing the parties’ arrangement, whether A.G.R. was compensated for her gestational service.) The egg was provided by a donor; the sperm was provided by S.H.; and the pregnancy was achieved through in vitro fertilization. Twin girls were born on October 4, 2006.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.