The primary issue to be determined is what the best interest of the child is. Rights and duties of the parties (custody, support, and visitation). The court seeks to reach justice for the child. The court only decides on the legal principles. examine what law there is and apply it to the facts.
Facts of the tighten: Between 1972 to 1978, Mrs. dirty dog was diagnosed with multiple sclerosis, which in effect would render her infertile. The couple headstrong to go for surrogate p bentin. Mrs. Whitehead volunteered to join the surrogate programme for the purpose of giving the most loving gift of comfort to an unfortunate couple and also help her in backup her childrens education. Mr. and Mrs. dour and Mr. and Mrs. Whitehead discussed the surrogacy arrangement. It was concluded that Mrs. Whitehead would be the surrogate mother of a child to be innate(p) to Mr. and Mrs. Stern. The parenting agreement was signed by each parties excluding Mrs. Stern. Mrs. Whitehead would be paid $10,000 and all medical expenses.
Baby M was born(p) on March 27, 1986. Due to the hospitals ignorance about the surrogate parenting contract, Mr. Whiteheads take in and Sara Elizabeth Whitehead was put as the parent o the deport certificate of Baby M. With the intervention of the Florida Child Welfare authorities, Mr.
Stern took custody over/of the baby after 4months. Mrs. Whitehead was volition to share the custody of the baby while Mr stern wasnt willing
2. Classical contract law as defined by judges in the common law is based on the concept of a bargain or exchange among two free and equal individuals. Explain
Distinguish a contract from representation: The notion of promise distinguish contract from representation. Representations are statements as to an existing or past facts , not promises as to future events. If made falsely or negligently, it can get legal consequences that are non contractual in their nature (pg 43, prgh 7).
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