Baby M

Baby M is a pseudonym used in the case of In re Baby M, 537 A.2d 1227 (N.J. 1988), a landmark court decision in the field of surrogacy. The case involved a surrogate mother who decided to keep the baby she had carried on behalf of another couple. The legal battle that ensued raised important questions about the ethics and legality of surrogacy contracts.

Background

In 1985, William and Elizabeth Stern entered into a surrogacy contract with Mary Beth Whitehead. Whitehead agreed to be artificially inseminated with Stern's sperm, carry the resulting child to term, and then relinquish her parental rights in exchange for a fee. However, after the birth of the baby, known as Baby M, Whitehead decided to keep the child.

Legal Proceedings

The Sterns sued for custody, and the case went to trial in the Superior Court of New Jersey. The court initially ruled in favor of the Sterns, finding the surrogacy contract to be valid and enforceable. However, on appeal, the New Jersey Supreme Court reversed the decision, ruling that the contract was against public policy and therefore void. The court awarded custody to Stern, but granted Whitehead visitation rights.

Impact

The Baby M case had a significant impact on the legal and ethical landscape of surrogacy. It sparked a nationwide debate about the rights of surrogate mothers and the enforceability of surrogacy contracts. In response to the case, many states enacted legislation to regulate surrogacy arrangements.

See Also

• Surrogacy
• Artificial insemination
• Parental rights

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