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In The Matter Of Baby M

 

            
             After reading the decision In the Matter of Baby M, I learned that contracts of surrogacy are not binding in the state of New Jersey. This case dealt with Mr. Stern and his wife, and Mrs. Whitehead. Mr. and Mrs. Stern were not able to have a child naturally, and entered into what they thought was a surrogacy contract with Mrs. Whitehead in February of 1985. The contract stated that Mrs. Whitehead was to be artificially inseminated by Mr. Stern and would give birth to the baby. It also said that upon the baby's birth, Mrs. Whitehead was to deliver the child to the Stern's, and do whatever was necessary to terminate her parental rights, so Mrs. Stern could thereafter adopt the child. They used ICNY, Infertility Center of New York, as the means of getting together to enter into this surrogacy contract. Mrs. Whitehead was to receive .
             $10,000 for what they referred to in the contract as her "services" and not for the adoption. ICNY was also to receive $7,500 for it's "services", both amounts of money coming from the Stern's. The baby was born on March 27 and on March 30 Mrs. Whitehead turned the child over to the Stern's. Mrs. Whitehead then became disturbed with the situation, told the Stern's she couldn't live without her baby, and got the Stern's to agree to let her keep baby Melissa for one week. Mrs. Whitehead then fled the state with baby Melissa for four months to Florida. Mr. Stern then filed a complaint, making him the plaintiff in a lawsuit seeking the return of the child based on the surrogacy contract. Mrs. Whitehead, the defendant, kept conversation with Mr. Stern over the period of time she was in Florida. Mr. Stern recorded their conversations in which Mrs. Whitehead threatened to kill herself, baby Melissa, and if she need to, falsely accused Mr. Stern of molestation in order to keep the child. The Stern's then found out that baby Melissa was being kept at Mrs. Whitehead's mother's house in Florida and obtained a court order for the return of baby Melissa.


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