Begrudgingly agree with you here but it's still pretty fucked up all around I think. That's one of the ethical problems that rises out of surrogacy and other "unnatural" ways of having kids.

I won't say in wholely opposed to the practice. But it does essentially seem like it can devolve into a "rent a womb" which I think has its own slew of ethical issues that can pop up, regardless, once you're at the point where you are doing a "designer baby", in this case here choosing the sex of the baby, I reckon you do need to step back and take a long hard look at yourself.

It's just a whole can of worms being open imho. One could question why it is that this couple wants a male baby, and many of the answers have some pretty sexist if not outright disturbing implications.

But as to the first point yes, if the contract says male fetus and they didn't provide that they have a case. I'm just not sure it should be accepted to have such contracts in the first place.