In The Matter Of Baby M,

217 N.J. Super. 313, 525 A.2d 1128 (1987)

Facts

This was a case involving the in vitro fertilization. Mrs. Stern is 41 years old and suffered from optic neuritis a symptom of multiple sclerosis. Her outlook for childbirth was highly doubtful. The Sterns made contact with a Mary Beth Whitehead for Mary to act as a surrogate. Baby 'M' was conceived from that contract, but Mary refused to turn over the baby. Mary kidnapped the child, and this case ensued over the custody of Baby 'M.' This suit resulted over the surrogacy contract and the custody of the child.