14 - Commentary on In the Matter of the Parentage of a Child by T.J.S. and A.L.S.

Summary

In 1988, the New Jersey Supreme Court case In re Baby M. gripped the nation.¹ A married couple contracted to pay $10,000 to a woman who agreed to be inseminated with the sperm of the husband and, following a successful pregnancy, surrender to their custody the resulting baby. Shortly after the baby’s birth, however, the surrogate absconded with baby – for whom she was both the genetic and birth mother – and sued to declare the surrogacy contract void. The New Jersey Supreme Court held that the paid surrogacy contract was unenforceable and refused to terminate the surrogate’s rights. The court vested custody in the husband-father and, by default, his wife, however.²