Statutory Construction Controlling the Baby M Decision, The
Loading...
Authors
Kasper, Yvette A.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|On February 3, 1988, the Supreme Court of New Jersey held that surrogate parenting contracts were unenforceable. The supreme court invalidated the surrogate parenting agreement between Mary Beth Whitehead and William Stern based upon public policy and the state's statutory scheme. Under the terms of the contract, Mary Beth Whitehead agreed to attempt to conceive by artificial insemination, carry the child to term, deliver the child, and relinquish the child to William Stern, acknowledging that it was in the best interests of the child to do so. Pursuant to the prohibition against payment of money for the adoption of a child, the Supreme Court of Jersey opined that the payment of consideration to a surrogate mother for the adoption of a child was illegal, perhaps criminal, and potentially degrading to women...
Description
Citation
21 Creighton L. Rev. 993 (1987-1988)
Publisher
Creighton University School of Law