Abstract

Rachels reviews the social and legal facts of the celebrated "Baby M" case, in which surrogate Mary Beth Whitehead attempted to keep the daughter she had borne under contract to William Stern. The first phase of the legal battle between the parents ended in March 1988, when New Jersey Superior Court Judge Harvey R. Sorkow upheld the validity of the surrogacy contract, terminated Whitehead's parental rights, and awarded custody of the child to Stern. Rachels comments on public reaction to "Baby M," on Sorkow's decision, and on the impact the case may have on legislative attempts to regulate surrogacy. He also uses the example of "Baby M," as well as that of California heart transplant patient "Baby Jesse," to discuss how the media sensationalize controversial issues.

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