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

Ds were husband and wife who desired to have a child, but the wife was forced to undergo a hysterectomy. Because her ovaries remained capable of producing eggs, the couple eventually considered surrogacy. P heard of their plight and offered to serve as a surrogate. They signed a contract with payment, and insurance terms and P was implanted with the D's fertilized eggs. However, the relations between the parties deteriorated and P demanded all the money due her or else she would refuse to give up the child. Ds sued for declaratory relief. P filed her own action. After the child was born, it was determined that P was not the genetic mother. The trial court eventually ruled that P was not the biological mother and that she had no parental rights and that the surrogacy contract was legal and enforceable. O appealed.

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