IN THE MATTER OF BABY M
217 N.J. Super. 313, 525 A.2d 1128 (1987)
NATURE OF THE CASE: This was a dispute over the custody and care of a baby.
FACTS: This was a case involving the in vitro fertilization. Mrs. Stern is 41 years old
and suffered from optic neuritis a symptom of multiple sclerosis. Her outlook for child
birth was highly doubtful. The Sterns made contact with a Mary Beth Whitehead for Mary to
act as a surrogate. Baby 'M' was conceived from that contract, but Mary refused to turn over
the baby. Mary kidnapped the child and this case ensued over the custody of Baby 'M'. This
suit resulted over the surrogacy contract and the custody of the child.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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