Court case to determine validity of a surrogacy contract 10000 woman

Court case to determine validity of a surrogacy

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Court case to determine validity of a surrogacy contract $10,000 woman artificially inseminated with couples sperm, agrees to surrender baby after birth to couple Contract deemed ILLEGAL Conflicts with law and public policy of the state “Potentially degrading to women” Surrogate mother kept custody of child, father still has custody February 1985 William Stern, Mary Beth Whitehead Stern’s wife infertile, Whitehead agreed to surrogate with Stern’s sperm and her egg for $10K Whitehead agreed to terminate maternal rights after delivery Mr Stern was only Holocaust survivor in family, wanted to continue bloodline Adoption - old and differing religious beliefs Mr Stern and Mr and Mrs Whitehead created a surrogate parenting agreement, delivered BABY M (Melissa) on 3/27/1986 Acted as proud parents at hospital Indicated feelings of attachment when sterns came to visit March 30th → turned child over to the Sterns Next day, told Sterns she needed a week with the child...they turned child over...then Whitehead refused to return child Sterns filed a complaint seeking reinforcement of contract Whiteheads left New Jersey, took baby to Florida Mrs. Whitehead phone conversations with mr. Stern recorded Threats to kill herself and child Threats to falsely accuse Mr. Stern of molesting Mrs. Whiteheads older daughter Sterns finally found out location at grandparents in Florida, obtained an order for child to be turned over Trial conclusion: Surrogacy contract valid, Mrs Whiteheads parental rights terminated, sole custody granted to Mr. Stern, and Mrs. Stern adoption of Melissa allowed Surrogacy contract conflicts with laws prohibiting use of money in connection with adoption Child sold without considering if suitable parents Natural mother given no counseling/guidance in decision making Decision less voluntary due to monetary incentive Contract Invalid
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  • Fall '19
  • Surrogacy, Sperm donation, William Stern, Baby M, ○ Sterns

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