DES MOINES, Iowa (AP) The Iowa Supreme Court says the birth mother of an 18-month-old girl, paid as a surrogate to have the baby, is not legally the child’s parent. The opinion issued Friday means the girl remains with the Cedar Rapids couple raising her. The child will not be turned over to the woman who gave her birth. It’s the first time the state’s highest court determined surrogacy contracts in Iowa can be enforced.

The court says if the contracts were nullified it “would deprive infertile couples of the opportunity to raise their own biological children.” The case centers on Paul and Chantele Montover of Cedar Rapids who paid $13,000 to a Muscatine woman who wanted to keep the baby. The court concluded Paul Montover, as the baby’s biological father, gets permanent custody.