He continued his work with surrogacy through his Infertility Center, through which he created the contract leading to the Baby M case.

Noel Keane, a Detroit-area attorney who also operates the Infertility Center of New York, said the law, as interpreted, will not restrict his operations in Michigan.

Officials at the private agency, the Infertility Center of New York, said they saw no reason to inquire into the reasons a woman was willing to accept a surrogate.

He opened Infertility Centers in regions like California, Indiana, Michigan, New York and Nevada to bring together childless couples and prospective mothers.

The contested agreement was arranged by the Infertility Center of New York and signed in early February 1985.

Of the estimated half-dozen agencies based in New York, the largest, Infertility Center of New York, is already making plans to move.

The contract under which his son was conceived by artificial insemination was arranged last April by the Infertility Center of America in Indianapolis.

Neither Mr. Keane nor the Infertility Center returned phone calls yesterday.

Mr. Austin's lawyer, John Waldron, who did not return phone calls yesterday, has said that the Infertility Center had not prepared his client for fatherhood.

However, it was reported last month that the Infertility Center of New York and its founder, Noel Keane, agreed to pay the couple $30,000 to $40,000.