It addresses the strong side of both positions- pros and cons. In the story, basically Mary Beth Whitehead contracted with William Stern to bear a child conceived from Whitehead's egg and Stern's sperm. Due to the agreement, Whitehead will be artificially inseminated from Stern's sperm. Mr. Stern will pay Mrs. Whitehead $10,000 if she successfully delivery the baby, but if she miscarried before fifth month of a pregnancy then she will not received any compensation other than expanses. Also she has to agree that there shall be no forming of bond or parental care between Mrs. Whitehead and the fetus. After she delivered the baby she renege the contract and took the baby away. As result, Mr. Stern filed a lawsuit against her and went to court to fight for his child.
In the higher court's decision, the surrogate contract was found to be illegitimate because no force shall be stronger and no bond shall be stronger than that between a mother and child. Women can not make an informed decision whether to give up her child or not before the child was born, mainly because she does not know how strong the strength will bond between her and her child. So in the case of "Baby M," Mrs. Whitehead did not want to give up the child and want to keep the child because there was a strong bonding between her and the fetus. From higher court's perspective about the real woman is that she would not want to give up the child and she will do anything to keep the child. Therefore, the higher court viewed that this was a proper for Whitehead to react this way even though she reneged the contract. The court decision was to be based on her views of the matter and her stand reinforces this view. .
Because jurisdiction was reinforced based on her view, many feminists were angered by the higher court's decision to rule out this contract. The higher court let her off the hook of the obligations because from higher court's view that emotional bonding with the child was much stronger than her contract obligation; she did not know what she was doing at the time also she did not know the insight of the bonding between her and the child.