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Hastings Cent Rep. 1987 Jun;17(3):13-5.

Baby M: babies (and justice) for sale.



A professor of health law criticizes the decisions of New Jersey Superior Court Judge Harvey R. Sorkow which culminated in his awarding permanent custody of Baby M to her biological father, William Stern. Annas quotes from the In re Baby M decision and from the contract between Stern and his wife and surrogate mother Mary Beth Whitehead to support his contention that Sorkow "rendered a sermon filled with contradictions, double-standards, inapt analogies, and unsupported conclusions." He argues that legally Mrs. Whitehead could not have prospectively waived her right to rear a child she bore, that Sorkow was biased in favor of the "upper-middle-class Sterns," and that consideration should be given to returning Baby M to Mrs. Whitehead. He urges state legislatures to outlaw the sale of children, to affirm the legal status of the gestational mother, and to forbid a surrogate's relinquishment of parental rights until after her child's birth.

[Indexed for MEDLINE]

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