Section 30.21 Public Policy

LibraryFamily Law Deskbook and 2014 Supp

C. (§30.21) Public Policy

The Iowa Supreme Court used a different analysis to reach the same result in In re Marriage of Witten, 672 N.W.2d 768 (Iowa 2003). The court held that it was against the public policy of the state of Iowa to enforce a prior agreement between a couple that no longer agreed regarding their future family and reproductive choices. Id. at 782. Both parents were gamete providers. Nonetheless, the Iowa Supreme Court invoked a principle it called “contemporaneous mutual consent,” holding...

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