IN THE MATTER OF BABY M
537 A.2d 1227 (N.J. 1988)
NATURE OF THE CASE: The surrogate mother (D) challenged the order of the Superior Court that enforced the terms of a surrogate parent contract on behalf of father (P). D claimed that the surrogacy contract was invalid; that the trial court improperly terminated her parental rights and awarded sole custody to P, and improperly allowed the adoption of the child by P's wife, all pursuant to the terms of the contract.
FACTS: This was a contract wherein a woman agreed to be artificially inseminated with the semen of another woman's husband; she is to conceive a child, carry it to term, and after its birth surrender it to the natural father and his wife. The wife is to adopt the child and she and the natural father are to be regarded as its parents for all purposes. William Stern (P) and Mary Whitehead (D) entered into such a contract because P's wife was infertile. P agreed to pay D $10,000 on the birth of the child and another $7,500 to the Infertility Center of New York. There was no evidence that any of the parties to the contract entered under duress of any sort. However, from the moment of birth, D realized that she could not part with Baby M. D suffered substantial despair and a dispute about possession of the baby ensued wherein D regained possession and refused to give it up for over four months while she was on the run from authorities. P filed a complaint to enforce the contract. The trial court held the contract valid and ordered that D's parental rights be terminated. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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