This paper consists of a summary of the facts, the legal issue presented, the legal arguments and points and authorities supporting an appellate brief to be filed by plaintiffs-appellees, Patricia and Stephen Keller ("Plaintiffs" or "the Kellers"), in the appeal of defendants-appellants, Isaiah and Madeline Rose ("Defendants" or "the Roses"), to the Illinois Supreme Court of the decision of the Appellate Court of Illinois in favor of Plaintiffs in Case No. 96-L-2041. The Appellate Court reversed the decision of a trial court in Cook County which had found that a surrogate agreement between the Roses and the Kellers was valid and that the attempt by the Roses to obtain legal custody of the female child, Leah Clare Rose ("Leah"), born pursuant to the surrogate agreement, was in breach thereof.
The Roses are a married couple. Madeline Rose in her 40s and her husband Isaiah were childless. They wished to have a child, but were concerned about the risks of pregnancy. The Roses decided (with the assistance of a third party agency) to arrange for the creation of a fertilized embryo. An egg contributed by an anonymous female donor was impregnated with Isaiah Rose's sperm and then implanted in the body of a willing third party female ("gestational mother") who would be willing to accept such implantation, carry the resulting fetus through pregnancy, give birth and then deliver the baby to the Rose's 72 hours after birth. Under the surrogate agreement executed by the Roses and the Kellers before the egg was implanted in Mrs. Rose, Mrs. Keller agreed to perform such services. The Kellers agreed to deliver the baby to the Roses in exchange for a compensation of $10,000, $3,000 payable after the successful implantation of the egg and $7,000 after the expiration of the 72 hour period. At the time the surrogate agreement was executed and for nearly nine months thereafter, the Kellers carried out the terms of the surrogate agreement. However, Mrs...