United States became aquainted during 1987 with the plight of Mary Beth Whitehead and “Baby M”. Mrs. Whitehead was a twenty-nine year old house wife. She already had two children, and decided she would be the surrogate mother for a couple by the name of Mr. and Mrs. William and Elizabeth Stern. The Sterns were 40 and 41 years old. They had been married for 12 years and were childless. Mrs. Stern had a mild case of multiple sclerosis and was unable to bare any children. Although Whitehead promised in the contract that she would form no bond with the baby, she knew in the delivery room she could not give up her child. Whitehead ended up kidnapping the new born. The case proceeded to a much-publicized trial entailing six weeks of testimony and half a million dollars in legal bills. Unfortunately many surrogate agreements end with a tragic conclusion similar to this one. These awful outcomes could be completely avoided if the law would include in its many clauses, unconditional protection against any infringement upon the contract between the surrogate mother and the infertile parents. In order for surrogacy to work with its initial intent, there can be no exceptions to this law. Although there will be cases in which the enforcement of these laws may be seemingly harsh and apathetic, it is the only way that this wonderful alternative for infertile parents can rightfully continue, without potentially ruining the lives of all parties involved, most importantly the child’s. Although the rights of the infertile couple should be first and foremost, it is important not to overlook the grievances of the surrogate mother. Preparation via support groups and individual therapy should be offered to the surrogate mother before the birth, not only to inform her of the enormous feat that lay ahead of her, but also to prepare her to deal with the traumas that can accompany the loss of a child. The importance of informing the surrogate m...
