Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Ps and Melissa Carroll (gestational carrier), entered into a gestational carrier contract. Carroll agreed to have implanted into her uterus embryos that were created from the sperm and ova of Ps; to carry and deliver any child resulting from the embryo implantation; and, upon the birth of any child resulting from the embryo implantation, to permit Ps to have sole physical and legal custody of the child or children. Carroll was to receive certain financial compensation. Carroll underwent embryo implantation and became pregnant with twins. Ps filed a verified complaint in the Probate and Family Court seeking a declaration of paternity and maternity, as well as a prebirth order directing the hospital at which the gestational carrier was expected to deliver to designate Ps as the father and mother of the children on their birth certificates. Ps and Carroll filed a stipulation for the entry of judgment in Ps' favor. The Probate and Family Court concluded that it did not have the authority to issue a prebirth order of parentage, and ordered the entry of a judgment of dismissal. The judge examined existing statutory and case law, noting the absence of any 'controlling authority.' He specifically examined statutes relating to adoption and paternity actions. The court noted that paternity and maternity judgments cannot be entered until after the birth of a child, and a prospective adoptive parent may not be declared the parent of a child without the written consent of the birth mother which shall be executed 'no sooner than the fourth calendar day after the date of birth of the child.' The judge held that prior precedent did not point to any solutions for Ps. The judge dismissed the petition. Ps filed a notice of appeal and the Appeals Court entered a preliminary injunction enjoining D from issuing birth certificates until resolution of the appeal. The State Supreme Court sua sponte transferred the case to themselves. The twins were born. The Court entered an order continuing the injunction in effect.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.