Miles

FACTS AND HISTORY OF THE PROCEEDINGS

Based on the testimony in the trial court and the trial court’s unchallenged credibility determinations, the facts are as follows:

Formation of the Agreement

Gerstein is a single gay man and Miles is a single lesbian. Miles and Gerstein met in 2002 or 2003 when Miles and her daughter, Madeleine, moved next door to Gerstein. Thereafter Miles and Gerstein became friends. Gerstein began thinking about becoming a parent while he was in his teens and in 2010, he began to explore his options in that regard in earnest. He spoke with gay people with children to see how they became parents, he bought books regarding surrogacy and adoption, he spoke with an adoption agency, and he spoke with lawyers and physicians after which Gerstein decided to pursue a surrogacy.

2 Gerstein told Miles he was researching ways to become a parent and, in early 2012, Miles offered to be a surrogate for Gerstein. Throughout 2012, Gerstein and Miles discussed the prospect of her being his surrogate. Gerstein wanted to use a separate ova donor, but Miles was not receptive to that. According to Gerstein, Miles did not want hormone treatments. Initially, Gerstein was…