Before we investigate the case, what is surrogacy. Well, there are 2 types: traditional and gestational. Traditional surrogacy is where a surrogate is inseminated with sperm from male partner of intended parent couple, a donor sperm also used. Used for women unable to produce viable eggs. Gestational surrogacy is when a surrogate carries pre created embryos by transferring an embryo created w sperm and egg of intended couple. Surrogate has no genetic connection. Normally used for women who have functioning ovaries but lacks a uterus and medical contradictors.
However, there are a few conditions for surrogacy. The surrogate must be at least 21 years old and has had successful pregnancy before. The intended parents and surrogate both undergo detailed medical history and physical examination- evaluation of surrogate’s uterine cavity, STD screening, and immunity screening & blood type. Psychological screening takes place swell.
The infamous baby m case begins in February of 1985, when a couple decides to have a surrogate due to the wife having multiple sclerosis and being infertile. The surrogate, Mary Beth Whitehead was payed $10,000. So, William Stern and Mary Beth had a baby together through surrogacy. They signed a legal contract which gave all maternal rights to sterns wife. Sterns wife was excluded from the contract to avoid states prohibition on baby selling. Once Mary Beth gave birth, she gave the Stern’s the baby. However, she then rushed to court and demanded she needed the child, even if it was just for one week. She then fled with the baby; this caused the Sterns to file a lawsuit.
The case made its way to the Supreme Court, they decided the contract was unforce able as for adoption to be permitted needs to be assessment if parental fitness of adopting parents this case there wasn’t. Furthermore, the contract was unforable as the court prohibits paying money for adoption, which this case is. However, the baby was given back to the Sterns in 1987 under ’the best interest of the child analysis’ Do you think the court’s ruling was fair?
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