1. Mrs. Jones agreed to a surrogate motherhood arrangement in which she would give up the child at birth to Mr. and Mrs. Smith. She was inseminated with Mr. Smith's sperm, and the baby was born on May 5, 2000. The baby was turned over to the Smiths on May 8th. The next day, the Smiths temporarily returned the baby when Mrs. Jones threatened suicide if they didn’t. The Smiths contacted their attorney and the infertility clinic for guidance. When they returned to the Jones' residence to pick up the baby, they found that Mrs. Jones had escaped to another state. Two months later she and the baby were located by a private detective, and the baby was returned to the Smiths. Both parties are now fighting for custody. Who should have legal custody of the baby?
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