reme Court has decided that the right of privacy is protected against governmental interference by the Fifth Amendment applicable to the states through the due process clause of the 14th amendment. The right of privacy has been held to encompass: the right to procreate, Skinner v. Oklahoma, 316 U.S. 535 (1972); the right not to procreate, Griswold v. Connecticut, 381 U.S. 471 (1965); a woman's right to terminate pregnancy under certain circumstances, Roe v. Wade, 410 U.S. 113 (1973); and the right to nurture and bring up children, Pierce v. Society of Sisters, 268 U.S. 510 (1925).
However, the Supreme Court and other federal courts have long deferred to the states to make determinations regarding matters of family law, especially those relating to competing claims of parental rights and the care and custody of minor children. Appellants in their brief claim a constitutional right to the enforcement of all freely entered into surrogate contracts. Faced with a similar claim in In re Baby M, 109 N.
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