Many states have no specific surrogacy laws. For example, there is a famous case from California in which the courts decided that maternal rights could be determined in two ways. The court’s decision regarding Johnson v. Calvert stated that motherhood could be determined by biological relation and also by giving birth to the child.
In the case of gestational surrogacy, there can thus be two mothers. However, in this case, the courts sided with the intended mother because according to the surrogacy agreement, she was the one that intended the child be born so that she could raise it. There are many court cases and surrogacy laws that uphold the rights of intended parents.
While there are many famous cases that uphold surrogacy agreements, there have also been cases where surrogates won custody.