In Re Baby" M"
525 A.2d 1128 · New Jersey Superior Court Appellate Division · 1987
Facts
William and Elizabeth Stern entered a surrogate parenting agreement with Mary Beth Whitehead, where Mrs. Whitehead would be artificially inseminated with Mr. Stern's sperm and surrender the child after birth due to Mrs. Stern's multiple sclerosis. After giving birth to 'Baby M,' Mrs. Whitehead refused to relinquish custody, fled to Florida with the infant, and defied court orders, leading to a protracted legal battle over the child's custody.
Procedural history
The litigation began on May 5, 1986, when the Sterns filed an ex-parte application to enforce the surrogate contract and compel the child's surrender. A temporary restraint was issued, but the Whiteheads removed the child from New Jersey. A guardian ad litem was appointed for "Baby M" on August 13, 1986. An HLA blood test confirmed William Stern as the biological father and Mary Beth Whitehead as the biological mother. The Whiteheads filed an answer and counterclaim for custody and damages. The Appellate Division reversed the trial court's order for bifurcated proceedings, and the New Jersey Supreme Court ordered a non-bifurcated trial to commence on January 5, 1987.
Issue
The primary legal question is to determine the best interests of 'Baby M.' Additionally, the court must decide if the surrogate parenting agreement is an enforceable contract, and if not, what are the rights and duties of the parties regarding custody, visitation, and support.
Holding
The provided text does not contain the court's final holding or decision, as it concludes during the presentation of factual findings and expert testimony.
Rule
The provided text does not contain the court's final legal rule or decision, as it concludes during the presentation of factual findings and expert testimony.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.