Baby M
Encyclopedia
Baby M was the pseudonym
used In re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 02/03/1988) for the infant named Sara Elizabeth Whitehead at her birth, and later named Melissa Stern by her father and adoptive mother.
"In re Baby M" is an American
custody
case between biological parents who were strangers to each other and who met via a newspaper advertisement which specifically sought a woman willing to enter into a contract to conceive and bear a child (by artificial insemination) with a married man, and who would then relinquish her maternal rights in order for the child to be adopted by the wife of the father and raised by the married couple.
with William Stern's sperm, making her the biological mother of their child. Whitehead had responded to an ad placed by the Infertility Center of New York in the Asbury Park Press
seeking women willing to help infertile couples have children. Prior to conceiving their daughter, Whitehead and Stern entered into a contract which they termed a "surrogacy contract." Despite what was stated in their contract, Stern's wife, Elizabeth, was not infertile, but had multiple sclerosis
and was concerned about the potential health implications of pregnancy
. A medical colleague had warned her that his own wife had suffered temporary paralysis during pregnancy.
On March 27, 1986, Whitehead gave birth to a daughter, whom she named Sara Elizabeth Whitehead. However, within 24 hours of transferring custody to the Sterns, Whitehead asked for the baby to be given back to her, and was said to have threatened suicide
. Whitehead subsequently refused to return the baby to the Sterns and left New Jersey, taking the infant with her. The Sterns had the Whitehead family's bank accounts frozen and sought warrants for their arrests.
In 1987, New Jersey Superior Court
Judge Harvey R. Sorkow awarded custody of Baby M to the Sterns under a "best interest of the child analysis
", validating the surrogacy contract.
On February 3, 1988, the Supreme Court of New Jersey, led by Chief Justice
Robert Wilentz
, invalidated surrogacy contracts as against public policy but in dicta
affirmed the trial court's "best interest of the child" analysis. The Supreme Court remanded the case to family court
. On remand, the lower court awarded Stern custody and Whitehead visitation rights.
The case attracted much attention as it demonstrated that the possibilities of third party reproduction
had novel legal and social ramifications. The case exposed the dilemma of a mother who was impregnated by a stranger, contractual agreements and biological bonding. The case also split feminists, some of whom argued that a woman retains all rights to her own body, but others were also sensitive to the issue of potential exploitation
. The surrogacy arrangement was heavily criticized, in part because the term "surrogate
" was inaccurately used in this contract and obscured the fact that Mary Beth Whitehead was the biological (not surrogate) mother of the child.
Whitehead later wrote a book about her experience. Additionally, an Emmy-award winning ABC
Network miniseries, simply titled Baby M, was broadcast in May 1988. The miniseries starred JoBeth Williams
, in an Emmy
and Golden Globe-nominated performance as Mary Beth Whitehead, John Shea
as William, Bruce Weitz
as Mary Beth's husband Rick, Robin Strasser
as Elizabeth and Dabney Coleman
as Gary Skoloff.
Melissa attended The George Washington University and majored in religious studies. She said it was strange to study the Baby M case in her bioethics class at the university.
"I love my family very much and am very happy to be with them," Melissa told a reporter for the New Jersey Monthly
, referring to the Sterns. "I'm very happy I ended up with them. I love them, they're my best friends in the whole world, and that's all I have to say about it."
Melissa completed a dissertation at King's College, London, entitled, "Reviving Solomon: Modern Day Questions Regarding the Long-term Implications for the Children of Surrogacy Arrangements." http://www.kcl.ac.uk/schools/sspp/interdisciplinary/cbas/msc/disstitles.html
New Jersey Judge Francis Schultz expanded the Baby M ruling to apply to gestational surrogates, as well as genetic surrogates, on December 23, 2009, in the case of A.G.R. v. D.R.H & S.H.
.
In January, 2011, a British Court ruled a woman who bore a daughter under an informal surrogate agreement with a childless couple should keep the baby. http://www.upi.com/Top_News/World-News/2011/01/22/Judge-rules-birth-mother-should-keep-baby/UPI-29891295725083
In October 2011, Judge Sorkow, the original judge in the Baby M case, presided over the wedding of Melissa and her husband, a neuroscientist from New Jersey. The couple currently live in London, United Kingdom.
Pseudonym
A pseudonym is a name that a person assumes for a particular purpose and that differs from his or her original orthonym...
used In re Baby M, 537 A.2d 1227, 109 N.J. 396 (N.J. 02/03/1988) for the infant named Sara Elizabeth Whitehead at her birth, and later named Melissa Stern by her father and adoptive mother.
"In re Baby M" is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
case between biological parents who were strangers to each other and who met via a newspaper advertisement which specifically sought a woman willing to enter into a contract to conceive and bear a child (by artificial insemination) with a married man, and who would then relinquish her maternal rights in order for the child to be adopted by the wife of the father and raised by the married couple.
Background
Mary Beth Whitehead, was artificially inseminatedArtificial insemination
Artificial insemination, or AI, is the process by which sperm is placed into the reproductive tract of a female for the purpose of impregnating the female by using means other than sexual intercourse or natural insemination...
with William Stern's sperm, making her the biological mother of their child. Whitehead had responded to an ad placed by the Infertility Center of New York in the Asbury Park Press
Asbury Park Press
The Asbury Park Press is a daily newspaper in Monmouth and Ocean counties of New Jersey and has the third largest circulation in the state...
seeking women willing to help infertile couples have children. Prior to conceiving their daughter, Whitehead and Stern entered into a contract which they termed a "surrogacy contract." Despite what was stated in their contract, Stern's wife, Elizabeth, was not infertile, but had multiple sclerosis
Multiple sclerosis
Multiple sclerosis is an inflammatory disease in which the fatty myelin sheaths around the axons of the brain and spinal cord are damaged, leading to demyelination and scarring as well as a broad spectrum of signs and symptoms...
and was concerned about the potential health implications of pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
. A medical colleague had warned her that his own wife had suffered temporary paralysis during pregnancy.
On March 27, 1986, Whitehead gave birth to a daughter, whom she named Sara Elizabeth Whitehead. However, within 24 hours of transferring custody to the Sterns, Whitehead asked for the baby to be given back to her, and was said to have threatened suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
. Whitehead subsequently refused to return the baby to the Sterns and left New Jersey, taking the infant with her. The Sterns had the Whitehead family's bank accounts frozen and sought warrants for their arrests.
In 1987, New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
Judge Harvey R. Sorkow awarded custody of Baby M to the Sterns under a "best interest of the child analysis
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...
", validating the surrogacy contract.
On February 3, 1988, the Supreme Court of New Jersey, led by Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Robert Wilentz
Robert Wilentz
Robert Nathan Wilentz was Chief Justice of the New Jersey Supreme Court from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.-Biography:...
, invalidated surrogacy contracts as against public policy but in dicta
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it....
affirmed the trial court's "best interest of the child" analysis. The Supreme Court remanded the case to family court
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
. On remand, the lower court awarded Stern custody and Whitehead visitation rights.
The case attracted much attention as it demonstrated that the possibilities of third party reproduction
Third party reproduction
Third party reproduction refers to a process where another person provides sperm or eggs or where another woman provides her uterus so that a woman can have a child. Thus the reproductive process goes beyond the traditional father-mother model. However, the third party's involvement is limited to...
had novel legal and social ramifications. The case exposed the dilemma of a mother who was impregnated by a stranger, contractual agreements and biological bonding. The case also split feminists, some of whom argued that a woman retains all rights to her own body, but others were also sensitive to the issue of potential exploitation
Exploitation
This article discusses the term exploitation in the meaning of using something in an unjust or cruel manner.- As unjust benefit :In political economy, economics, and sociology, exploitation involves a persistent social relationship in which certain persons are being mistreated or unfairly used for...
. The surrogacy arrangement was heavily criticized, in part because the term "surrogate
Surrogate
- Relationships :* Surrogate pregnancy, an arrangement for a woman to carry and give birth to a child who will be raised by others* Sex surrogate, in sexual therapy* Surrogate marriage, a custom in African culture- Economics :...
" was inaccurately used in this contract and obscured the fact that Mary Beth Whitehead was the biological (not surrogate) mother of the child.
Whitehead later wrote a book about her experience. Additionally, an Emmy-award winning ABC
American Broadcasting Company
The American Broadcasting Company is an American commercial broadcasting television network. Created in 1943 from the former NBC Blue radio network, ABC is owned by The Walt Disney Company and is part of Disney-ABC Television Group. Its first broadcast on television was in 1948...
Network miniseries, simply titled Baby M, was broadcast in May 1988. The miniseries starred JoBeth Williams
JoBeth Williams
JoBeth Williams is an American film and television actress and director, and current President of the Screen Actors Guild Foundation.-Early life:...
, in an Emmy
Emmy Award
An Emmy Award, often referred to simply as the Emmy, is a television production award, similar in nature to the Peabody Awards but more focused on entertainment, and is considered the television equivalent to the Academy Awards and the Grammy Awards .A majority of Emmys are presented in various...
and Golden Globe-nominated performance as Mary Beth Whitehead, John Shea
John Shea
John Victor Shea III is an American actor and director who has starred on stage, television and in film. He is best known for his role as Lex Luthor in the 1990s TV series Lois & Clark: The New Adventures of Superman and also starred in the short lived 1990s TV series WIOU as Hank Zaret...
as William, Bruce Weitz
Bruce Weitz
Bruce Peter Weitz is an American actor. He is perhaps best-known for his role as Sgt. Michael "Mick" Belker in the 1980s TV series Hill Street Blues for which he won an Emmy Award for Outstanding Supporting Actor in a Drama Series in 1984.-Early life:Weitz was born in Norwalk, Connecticut, the son...
as Mary Beth's husband Rick, Robin Strasser
Robin Strasser
Robin Strasser is an American actress.Strasser is best known for her Daytime Emmy Award-winning portrayal of Dr. Dorian Lord on the ABC daytime soap opera One Life to Live. Strasser stepped into the role in March 1979, first appearing Friday, April 13, 1979 and left in 1987, returning from...
as Elizabeth and Dabney Coleman
Dabney Coleman
Dabney Wharton Coleman is an American actor, best known for his roles in 9 to 5, WarGames, You've Got Mail, Sworn to Silence, The Beverly Hillbillies and as the voice of Principal Peter Prickly in Recess and Recess: School's Out.-Early life:Coleman was born in Austin, Texas, the son of Mary...
as Gary Skoloff.
Aftermath
After reaching the age of majority in March 2004, the daughter known as "Baby M" (now named Melissa) legally terminated Whitehead's parental rights and formalized Elizabeth Stern's maternity through adoption proceedings.Melissa attended The George Washington University and majored in religious studies. She said it was strange to study the Baby M case in her bioethics class at the university.
"I love my family very much and am very happy to be with them," Melissa told a reporter for the New Jersey Monthly
New Jersey Monthly
New Jersey Monthly is a monthly glossy publication featuring issues of possible interest to residents of the United States state of New Jersey...
, referring to the Sterns. "I'm very happy I ended up with them. I love them, they're my best friends in the whole world, and that's all I have to say about it."
Melissa completed a dissertation at King's College, London, entitled, "Reviving Solomon: Modern Day Questions Regarding the Long-term Implications for the Children of Surrogacy Arrangements." http://www.kcl.ac.uk/schools/sspp/interdisciplinary/cbas/msc/disstitles.html
New Jersey Judge Francis Schultz expanded the Baby M ruling to apply to gestational surrogates, as well as genetic surrogates, on December 23, 2009, in the case of A.G.R. v. D.R.H & S.H.
A.G.R. v. D.R.H & S.H.
A.G.R. v. D.R.H & S.H. is a ruling by the Superior Court of New Jersey, Hudson County Vicinage, and is the first precedent regarding gestational surrogacy in New Jersey. The ruling was handed down by Judge Francis Schultz on December 23, 2009...
.
In January, 2011, a British Court ruled a woman who bore a daughter under an informal surrogate agreement with a childless couple should keep the baby. http://www.upi.com/Top_News/World-News/2011/01/22/Judge-rules-birth-mother-should-keep-baby/UPI-29891295725083
In October 2011, Judge Sorkow, the original judge in the Baby M case, presided over the wedding of Melissa and her husband, a neuroscientist from New Jersey. The couple currently live in London, United Kingdom.