In the Matter of “Baby M”: Report from the Gruter Institute for Law and Behavioral Research

Abstract

Since the Gruter Institute is interested in the mutual influence of law and behavioral science (in the broadest sense), it has evolved a policy of occasionally tackling ongoing cases as exemplars of this interaction at the “ground level” of case law. This is done partly to contrast such an approach with the more usual “philosopher king” pose adopted by scientists who wish to influence legislation. In common-law countries at least, the approach through case law merits experimental attention. To this end a working group1 of legal and scientific scholars was instituted to study the issues in the now notorious “Baby M” case, a case which was to set a precedent on the issue of surrogate mothering contracts and which would have wider implications for the legality of many of the new alternative birth technologies.