The Baby M case was a New Jersey legal dispute, running from 1986 to 1988, over whether a paid surrogacy contract could be enforced. A trial judge said yes and terminated the surrogate mother’s rights; the New Jersey Supreme Court then declared the contract void, gave custody to the biological father, and restored the surrogate as the child’s legal mother with the ability to seek visitation.1Justia. Matter of Baby M – Section: Introduction
The Parties and the Contract
William and Elizabeth Stern wanted a child but were concerned about health risks for Elizabeth. In early 1985, a legal arrangement was set up between the Sterns and Mary Beth Whitehead, who agreed to serve as a surrogate.2Justia. Matter of Baby M – Section: FACTS
The contract required Whitehead to undergo artificial insemination using William Stern’s sperm, carry the child to term, deliver the infant to the Sterns, and take the steps needed to end her maternal rights so Elizabeth Stern could adopt the baby. William Stern would pay Whitehead $10,000 after the child was born and handed over.2Justia. Matter of Baby M – Section: FACTS
What Happened After the Birth
The baby was born in March 1986. Whitehead initially gave the infant to the Sterns but soon asked to take her home for a week to bond. When she refused to return the child, the Sterns obtained a court order, and Whitehead fled to Florida. She stayed in hiding for roughly three months before the child was forcibly removed and returned to the Sterns.2Justia. Matter of Baby M – Section: FACTS
The Trial Court Ruling
At the 1987 trial, Judge Harvey Sorkow held that the surrogacy contract was a valid, enforceable agreement. He terminated Whitehead’s parental rights, which cleared the way for Elizabeth Stern to complete a formal adoption of the infant immediately after the ruling.2Justia. Matter of Baby M – Section: FACTS
The New Jersey Supreme Court Ruling
In 1988, the New Jersey Supreme Court reversed the core of the trial court’s decision. In an opinion by Chief Justice Robert Wilentz, the court declared the surrogacy contract void and unenforceable because it conflicted with state laws and public policy.1Justia. Matter of Baby M – Section: Introduction
Central to that conclusion was a state adoption statute. A mother’s surrender of a child is not valid if it is signed before the birth or within 72 hours after the child is born, so a pre-birth agreement to give up the baby could not be given legal effect.3Justia. New Jersey Statutes § 9:3-41
Custody, Visitation, and the Final Outcome
Voiding the contract did not settle where the child would live. The court decided custody under the “best interests of the child” standard and granted primary custody to William Stern. It restored Mary Beth Whitehead’s legal status as the child’s mother and allowed her to seek visitation rights.1Justia. Matter of Baby M – Section: Introduction