Smith v. Brown

We granted a joint application for direct appellate review in this case because we thought it raised issues in connection with a so-called gestational surrogacy arrangement, see R.R. v. M.H., 426 Mass. 501, 509 n.10 (1998), that needed to be decided by this court. After further examination, we conclude that the reservation and report of the case with a lengthy series of questions by a judge in the Probate and Family Court is improper, and that the case does not present a suitable occasion to comment on the issues raised by the questions.3 Accordingly, we discharge the report.

We briefly…