Baby M/Comments

Baby M/Comments

Baby M (born March 27, 1986) was the pseudonym used in the case In re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 1988) for the infant whose legal parentage was in question.

In re Baby M was a custody case that became the first American court ruling on the validity of surrogacy. William Stern and his wife, Elizabeth Stern, entered into a surrogacy agreement with Mary Beth Whitehead, whom they found through a newspaper advertisement. According to the agreement, Mary Beth Whitehead would be inseminated with William Stern's sperm (making her a traditional, as opposed to gestational, surrogate), bring the pregnancy to term, and relinquish her parental rights in favor of William's wife, Elizabeth. After the birth, however, Mary Beth decided to keep the child. William and Elizabeth Stern then sued to be recognized as the child's legal parents.

The New Jersey court ruled that the surrogacy contract was invalid according to public policy, recognized Mary Beth Whitehead as the child's legal mother, and ordered the Family Court to determine whether Whitehead, as mother, or Stern, as father, should have legal custody of the infant, using the conventional 'best interests of the child' analysis. Stern was awarded custody, with Whitehead having visitation rights.

At birth, Mary Beth Whitehead named Baby M. "Sara Elizabeth Whitehead." She was later renamed "Melissa Stern," after William Stern was awarded legal custody.