Abstract：
Court Decision: 66 Pennsylvania District and County Reports, 4th Series 1; 2004 Apr 2 (date of decision). The Court of Common Pleas of Erie County, Pennsylvania held that a gestational surrogacy contract that failed to identify the legal mother of the children and allowed parties to bargain away the children\'s custody and support rights was void and against public policy. Plaintiff J.F. arranged to have his sperm fertilize a donor egg and to have the resulting fertilized egg implanted in defendant D.B., a gestational surrogate. After D.B. gave birth to slightly premature triplets, J.F. and his paramour showed only sporadic interest in the babies. Alarmed, D.B. took the triplets home and cared for them. J.F. sought sole custody of the triplets. The court granted temporary custody to D.B., but allowed J.F. and his paramour visitation rights. The court declared D.B. the legal mother of the children, even though she was not genetically related to the triplets, because she carried, bore, and took care of the children as a natural parent would. D.B.\'s actions were more in line with the behavior of a natural parent than J.F.\'s sporadic interest and haphazard visitation. D.B, as the legal mother, thereby had standing to pursue custody, and J.F., as the full biological father, had a legal duty to provide child support.
摘要：
法院判决：宾夕法尼亚州66个地区和县报告，第四系列1；2004年4月2日(决定日期)。伊利县普通法院，宾夕法尼亚州认为，一项妊娠代孕合同未能确定孩子的合法母亲，并允许当事方讨价还价，孩子的监护权和抚养权是无效的，违反了公共政策。原告J.F.安排让他的精子使供体卵子受精，并将所得的受精卵植入被告D.B.，代孕妈妈.D.B.生下稍早的三胞胎后,J.F.和他的情妇只对婴儿表现出零星的兴趣。惊慌,D.B.把三胞胎带回家照顾他们。J.F.寻求三胞胎的唯一监护权。法院授予D.B.临时监护权，但允许J.F.和他的情人探视权.法庭宣布D.B.是孩子们的合法母亲,尽管她与三胞胎没有遗传关系，因为她带着,钻孔,并像自然父母一样照顾孩子。D.B.的行为比J.F.的零星兴趣和随意拜访更符合自然父母的行为。D.B,作为合法的母亲，因此有资格追求监护权，还有J.F.,作为完整的亲生父亲，有义务提供子女抚养费。
