Contracts

Brief

In the Matter of BABY M

Procedural History:

• Lower court upheld the validity of the contract and ordered that Whithead’s parental rights be terminated.
• Appealed.
• Reversed.

Facts:

• Stern and Whitehead entered into a written agreement that, in exchange for $10,000, Whitehead would be inseminated with Stern’s sperm, give any resulting baby to Stern, and terminate her own parental rights.
• 1986, Whitehead delivered a baby girl.
• Whitehead refused to turn over the baby permanently.

Issue:

• Is this a valid contract?

Holding:

• No. Reversed.

Reasoning:

• The court invalidates this contract because it conflicts with the law and public policy of the state.
• The payment of money to a “surrogate” mother is illegal, perhaps criminal, and potentially degrading to women.
• Custody is granted to the natural father however, the evidence clearly proved such custody to be in the best interest of the child.
• The child is sold without regard for whether the purchasers will be suitable parents.
• The contract completely disregards the best interest of the child by allowing the contract to be formed prior to birth and even conception.