An ethics question for you?
Tom and Judy were unable to have children because Judy had benign tumors in her uterus making implantation of an embryo impossible. Judy was, however, still able to ovulate healthy eggs. Judy and Tom decided they wanted to have a child genetically related to them so they hired a College student, Sara as a surrogate mother. A month before the child is born Judy and Tom are killed in a car crash.
Sara decides to raise the child herself, thinking that would be no problem as the genetic parents were no longer alive. But Judy's brother filed a petition with the court to gain custody of the child. Should the court award the child to the surrogate mother or the family of the genetic parents?
I'm making this call with the assumption that either party would be an equally fit parent/guardian.
Her agreement for the child she is carrying was with the dead parents, not with the extended family.
She is choosing to carry the child in spite of the parents' death. The court should award her custody and visitation with the genetic family.