New Jersey Supreme Court Invalidates Surrogacy Contracts, Awards Custody in Landmark Case
In 1988, the New Jersey Supreme Court ruled that surrogacy contracts are invalid within the state. This decision stemmed from a highly publicized custody battle involving Mary Beth Whitehead, who had agreed to be artificially inseminated with William Stern's sperm, carry the pregnancy to term, and then relinquish her parental rights for $10,000. However, after giving birth, Whitehead changed her mind and attempted to keep the baby, leading to a legal dispute that escalated to the state's highest court. The court ultimately returned the question of parenting to the family court, which awarded custody to the Sterns, determining it was in the child's best interest. This case, known as the 'Baby M' case, marked the first instance in America to critically examine the legitimacy of surrogate motherhood and has had lasting implications for surrogacy laws and ethics.