In Re Baby" M"

Rule of Law:

A surrogate-parenting agreement, where a woman agrees to be artificially inseminated with the sperm of a man and relinquish the child to him and his wife, is a valid and enforceable contract protected by constitutional rights to procreate, provided it does not violate public policy and is in the child's best interests. Once conception occurs, the parties' rights are fixed, and specific performance of the contract, including termination of the surrogate mother's parental rights, may be ordered if it serves the child's best interests.

Facts:

• William and Elizabeth Stern desired to have a child but Elizabeth Stern had been diagnosed with multiple sclerosis and medical advice indicated pregnancy would pose a significant risk to her health, leading them to seek alternative reproduction methods.
• The Sterns contacted the Infertility Center of New York (ICNY) and were matched with Mary Beth Whitehead, who had previously attempted surrogacy for another couple and was motivated by a desire to help childless couples and receive compensation.
• On February 6, 1985, William Stern and Mary Beth and Richard Whitehead signed a surrogate parenting agreement, which stipulated that Mary Beth would be artificially inseminated with William's sperm, carry the child to term, and upon birth, surrender the child to William and renounce her parental rights to allow Elizabeth Stern to adopt.
• Mary Beth Whitehead successfully conceived in July 1985 after nine artificial insemination attempts with William Stern's semen.
• On March 27, 1986, Mary Beth Whitehead gave birth to the child, “Baby M,” but immediately after birth, she realized she could not relinquish the child and refused to perform her contractual obligation.
• After initially agreeing to let the Sterns take the child, Mary Beth Whitehead, expressing suicidal thoughts, requested a one-week visit with the child, which the Sterns reluctantly granted out of concern for her mental health.
• On April 3, 1986, Mary Beth Whitehead fled New Jersey with Baby M to Florida, concealing the child's whereabouts from the Sterns for 87 days and making threats against the child's life if William Stern pursued custody.
• Throughout their marriage, Richard Whitehead had a history of alcohol abuse, and the Whiteheads experienced financial instability, including multiple moves, a bankruptcy, and foreclosure actions on their home mortgages.

Procedural Posture:

• On May 5, 1986, William and Elizabeth Stern filed an ex-parte application in the New Jersey Superior Court, Chancery Division, Family Part, Bergen County, seeking an order to show cause why the court should not issue an order for summary judgment to enforce a surrogate-parenting contract.
• The court issued an order to show cause, returnable on May 27, 1986, and a temporary restraining order requiring the surrender of the infant child to the Sterns, restraining interference with their custody, terminating Mrs. Whitehead's parental rights, and allowing adoption by Mrs. Stern.
• On May 27, 1986, Mary Beth and Richard Whitehead failed to appear, and the court continued the temporary restraint order until July 17, 1986.
• On July 17, 1986, after proof of service and no appearance from the Whiteheads, the court ordered the surrender of the infant to William Stern, granted him temporary custody, and authorized the filing of the New Jersey custody order in Florida pursuant to the Uniform Child Custody Jurisdiction Act.
• On August 6, 1986, the Whiteheads' first attorney entered an appearance, followed by a second attorney on August 16, 1986.
• On August 13, 1986, the court, on its own motion and over the Sterns' objection, ordered the appointment of a guardian ad litem for Baby M.
• On August 22, 1986, based on Mary Beth Whitehead's claim of having intercourse with her husband, the court ordered an HLA blood test, which later conclusively proved William Stern was the biological father and Richard Whitehead was not.
• On September 2, 1986, Mary Beth and Richard Whitehead filed an answer to the complaint and a counterclaim seeking custody and damages for fraud.
• The court initially sealed the proceedings to protect the child, but this order was challenged by newspapers, and the New Jersey Superior Court, Appellate Division, reversed the sealing of Mrs. Stern's medical deposition on November 21, 1986.
• On September 10, 1986, an order was entered for limited visitation for Mrs. Whitehead, which was expanded on October 7, 1986, and supervised visitation was increased on October 20, 1986.
• Writs of attachment filed against the Whiteheads' property after their flight were discharged by court order on September 18, 1986.
• On September 25, 1986, the court ordered the $10,000 payment stipulated in the surrogacy agreement to be deposited with the Clerk of the Superior Court.
• A motion for pendente lite visitation by the maternal grandparents was denied, but they subsequently filed their own complaint for visitation, and their right to intervene was confirmed on October 14, 1986.
• On November 18, 1986, the court directed a bifurcated trial, first on contract issues and then on best interests, but the New Jersey Superior Court, Appellate Division, reversed this order on December 3, 1986, requiring a non-bifurcated trial.
• The New Jersey Supreme Court, on December 3, 1986, ordered a non-bifurcated trial to begin as scheduled, but granted the trial court authority to define the discovery schedule and enter final judgment on less than all issues pleaded.
• The trial in the New Jersey Superior Court, Chancery Division, Family Part, Bergen County, commenced on January 5, 1987.