"While the case did not involve the abortion issue, in Matter of Baby M., a New Jersey state court struck down an abortion clause in a surrogacy contract prohibiting abortion except as allowed by the male promisor on the ground that its enforcement would violate the surrogate mother’s constitutionally protected right, under Roe v. Wade, to decide whether to have an abortion. It was clearly the court’s view that the abortion provision could not be enforced by an action for injunctive relief to prohibit an otherwise lawful abortion."