The Court of Appeal noted:
- the surrogate was legally represented before she signed the agreement.
- she was aware when signing of court cases that had the effect that when born the children would be children of the intended father.
- her then lawyer was of the view that the surrogate signed the agreement with a clear and informed understanding of the agreement.
- in the agreement, the surrogate agreed to freely and readily establish the parental relationship between the intended father and any child born out of the agreement.
The court held that because the father complied with the requirements under California law to establish parenthood, the appeal was dismissed. The court found that under Californian law that the surrogacy agreement was enforceable, and should be enforced.