West's Encyclopedia of American Law | Baby M, in Re

In 1988 the New Jersey Supreme Court declared surrogacy contracts void against state public policy but then determined that the best interests of the child born to the surrogate mother required that custody of that child be awarded to the biological father and his wife, with liberal VISITATION RIGHTS later being granted to the biological mother. In the Matter of Baby M, 109N.J. 396, 537 A.2d 1227 (N.J. 1988).

Mary Beth Whitehead entered into a contract with William Stern in which she agreed to be artificially inseminated with Stern's sperm. At the time, Mary Beth was married to Richard Whitehead, with whom she had two children. In the Surrogate Parenting Agreement Mary Beth agreed that after the baby was born she would relinquish the baby to Stern and his wife Elizabeth and would permit the termination of her parental rights so that the Sterns...