I don't teach the Baby M case in Contracts, but this story from Marketplace about surrogacy in India and the current conflicted state of the law in the US may make me reconsider.

A quick search of Westlaw reveals a staggering amount of legal writing on various aspects of surrogacy. This is an area that seems ripe for an empirical study of surrogacy contracts, if one could assemble a meaningful collection. Especially if "commercial surrogacy" is not really about the money:

Despite the fact that nearly all commercial surrogacy arrangements involve compensation, studies in which surrogates have been asked about their motivations find that most reject money as motivation for their participation. Even if financial motivation is a factor, only a handful of women mention money as their primary motivation for entering into an agreement.

Katherine Drabiak et al., Ethics, Law, and Commercial Surrogacy: A Call for Uniformity, 35 J.L. Med. & Ethics 300, 303-04 (2007).

Does this non-monetary aspect of the relationship manifest itself in the contract provisions?

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