Is the Baby Selling Case Going to Set New US Federal Surrogacy Case Law?

I believe things just got very interesting in the Baby Selling Case.

Here are links to the background information:

We have a list of the Government's Restitution Memorandum. It is a lot of information so it will be posted in a series of posts.

Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 1
Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 2
Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 3
Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 4
Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 5
Hilary NEIMAN, Carla CHAMBERS, and Theresa ERICKSON Restitution Part 6
Is the Baby Selling Case Going to Set New Federal Surrogacy Case Law?

There is the direct possibility that the Baby Selling Scandal's court decision will become Federal Case Law regarding Surrogacy contracts and specify that a Surrogate is allowed compensation.

Currently, this is a State by State decision, but the US Attorney has now asked this Federal Judge to confirm that Surrogates are allowed compensation.

The Compensation would not be limited to just expenses, but would be an eye popping $38,000 if Heather Albaugh and Melissa Todd are awarded the restitution they are asking from the court.

As part of the GOVERNMENT’S RESTITUTION MEMORANDUM  LAURA E. DUFFY,

United States Attorney and MICHAEL MERRIMAN, Assistant U.S. Attorney have made the claim that the restitution is due them based on the fact that they would have been paid for their services pursuant to a legitimate surrogacy agreement.

They go on to outline other compensation due Surrogates that include, legal fees, lost wages for the Surrogate and their fiance, funeral expenses for children lost during a Surrogacy, and travel expenses.

I must say that it would be a very strange twist if the "Illegal Surrogacy Contract" that places Theresa Erickson, Carla Chambers, and Hilary Neiman in jail ends up setting National precedence for legal Surrogacy contracts.


The Honorable Anthony J. Battagliahas has to rule that Surrogacy Contracts are enforceable by Federal Courts - even when the contracts themselves are illegal - to award restitution.

Could this be the legal precedent needed for Commercial Surrogacy to be legal in all 50 States?