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Baby M (born March 27, 1986) was the pseudonym used in the case In re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 1988) for the infant whose legal parentage was in question.
Mary Beth Whitehead had custody of Baby M for four months before the child was taken away. Her initial surrender of Baby M was pursuant to a contract that we have declared illegal and unenforceable. The Sterns knew almost from the very day that they took Baby M that their rights were being challenged by the natural mother.
The 1985 case of Baby M was a contentious one that made surrogacy the center of many issues; this included the legality of surrogate contracts, feminism, father’s rights, and reproductive rights, to name a few.
Mar 23, 2014 · The custody battle over Baby M was the first time an American court considered the legality of surrogacy. Questions over the practice linger.
The Whiteheads fled to Florida with Baby M. Police in Florida forcibly removed the child from her grandparent’s home and turned the child over to the Sterns. At trial, the court held that the surrogacy contract was valid, it ordered Mrs. Whitehead’s parental rights.
On September 10, 1986, an order was entered calling for limited visitation with the child called "Baby M" by only Mrs. Whitehead. The visitation was expanded by order of October 7, 1986. It was in this order that the court requested a Bergen County probation report on the pending custody issue.
Jan 6, 2021 · This article marks the 30 th anniversary of the Supreme Court of New Jersey's Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy.
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