The Baby M Surrogacy CaseWhat about the Baby M surrogacy case? Important Baby M surrogacy case information for you. Would you be offended if I asked you to please click on the Google +1 button below? Also, help SAVE THE WORLD by playing it forward. Please share/socialize/bookmark at bottom of each page you go to. Important! Doing both means Google will advance page upward in the search results. Thank you very very much.
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BABY M SURROGACY CASEWhat about the baby M surrogacy case? By Delwyn Lounsbury The baby M surrogacy case started with the surrogate mother birth of Melissa Stern, (hence, baby M surrogacy case), on March 17, 1986. She was the child in a New Jersey custody case between surrogate mother, Mary Beth Whitehead (her egg), and the sperm of the father, William Stern. Whitehead had responded to an Asbury Park Press surrogate mother wanted ad for infertile couples seeking surrogate mother. Actually, Stern's wife, Elizabeth, was not infertile but had multiple sclerosis and was worried about being pregnant. The daughter that resulted from her becoming a surrogate mother was named, Sara Elizabeth Whitehead" on the birth certificate. Mary Beth came back to the Stern's 24 hours after the child was born and threatened suicide unless they gave the baby back. Mary Beth then took the child out of state. The Baby M Surrogacy Case lawsuit followed. In 1987, the New Jersey Supreme court awarded custody in the Baby M surrogacy case to the Sterns saying "best interest of the child analysis", and validation of the surrogacy contract. Then in 1988, the Supreme Court of New Jersey, led by Chief Justice Robert Wilentz, ruled against surrogacy by saying the contracts were against public policy. M/M Stern were allowed to keep custody but Whitehead got visitation rights. The Baby M surrogacy case was the first time surrogacy issues were presented to an American court. What finally became the the focus of the courts was the proper standards for the termination of parental rights, not the surrogacy itself. There were different statutory bases for this. The voluntary surrender of the child verses the involuntary with all the pain and court battle to take custody away from a parent who is unwilling or unable to provide a suitable upbringing. New Jersey adoption law was looked to for governing laws on surrogacy and an "approved agency" had to be used with no duress and full disclosure and counseling. Also, among the important considerations is the state's public policy of maintaining the integrity of the biological family." So, after the parents the child would go to biological relatives. In the baby M surrogacy case there was a contract and it was signed before the 1988 change in policy. The case exposed the problem of a birth biologically bonded. The Baby M surrogacy case also split women behind the feminists against surrogacy cause who, on one hand, said that a woman had rights to her body (to become a surrogate mother), but also worried about exploitation. The case did not touch on whether gestational surrogates also had parental rights and since there would be no genetic link did it still violate public policy. Whitehead wrote a book about it all. Then an Emmy-award winning made for TV movie came out in 1988 about the Baby M case staring Jobeth Williams as Whitehead. When Melissa Stern turned 18 in March of 2004, she formally terminated Whiteheads parental rights and formalized Elizabeth Stern's maternity by adoption. In 2007, Melissa was going to college at George Washington University. She did say at that time that it was strange to study the ethics of surrogacy in a class she took. Currently, she is a postgraduate at King's College in London. Her dissertation is on laws on surrogacy and ethical issues of surrogacy in dealing with surrogacy issues relating to new technologies. In 2010 New Jersey missed a chance to move away from the baby M surrogacy case when Superior Court Judge, Jacob M. Appel gave custody of twin girls over to the surrogate mother. This was even though she was not genetically related. It was a gay couple that had contracted the surrogacy. The surrogate, Andelia G. Robinson, agreed to have the children back in 2006 for her brother, Donald Robinson Hollingsworth, an accountant in Manhattan, and his spouse, Sean Hollingsworth using an anonymous egg donor and Sean's sperm. The girls were born in October of 2006 and lived with the same sex parenting Hollingsworths. Then, in March of 2007, Ms.Robinson filed custody suit saying she was coerced. The Judge said "no one argues that men are being degraded or demeaned if they decided to become sperm donors. Why are surrogates only different"? That's just the point. Women are perfectly able to make decisions about surrogate motherhood and every state should allow commercial surrogacy. Roe v. Wade gave us rights to our own bodies. The government should stay away from the embryo battle. That's probably why there is no Federal oversight of surrogacy. In vitro fertilization and egg gamete/embryo implantation is so closely connected to the Roe v. Wade abortion and when does life start issue that no politician wants to touch it. In March of 2010 President Obama and the Democratic Party had to take out all wording about government paying for abortion to get the insurance reform bill to pass. One wonders how the change of putting 1/6 of the economy under governmental control will affect surrogacy. Everyone now has the God given right to utopian healthcare. So, free surrogacy? NO! Socialism in healthcare - Obamacare - will mean rationing. Older people will not have a open checkbook. The deflation economy and Greater Depression we are in will mean reduced income to government. Already, commercial surrogacy in Canada's socialistic medical system was outlawed in 2004. Do not pay for a surrogate mother, egg donor or sperm donor inside Canada's boundaries. It is a $500,000 fine and up to 10 year jail sentence. If you can find a woman to be your surrogate mother for free this is still allowed. With close to 15 percent of our population infertile and another 10 percent gay, lesbian or transgender that means some 25 percent of Canadian citizens have lost their freedom to have a baby and carry on their bloodline. New Jersey allows compensated surrogacy but if there is any question or problem on the fertility surrogate side then the laws on surrogacy and the judge lean her way. The baby M surrogacy case got world wide attention at the time. 25 U.S. states, Canada and much of the rest of the world don't allow commercial surrogacy. There are no laws against or on banning commercial surrogacy here in California. Contact us about referral to service providers in your state or a state next to you if your state has surrogacy issues. More surrogate mother information. Browse now. Copyright 2009-2010 by Delwyn Lounsbury Use of this article allowed with attribution back to: http://www.surrogacy-surrogate-mother.com
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