This was
such an interesting topic to me and one that really hit home personally having
known many women (myself included) who have struggled with infertility. William
and Elizabeth Stern wanted a baby, but, due to her multiple sclerosis, she was
unable to have one on her own. Therefore, a contract was willingly drafted and
it was decided that the Stern’s would pay a surrogate, Mary Beth Whitehaed,
upon delivery of the child. After Mary Beth became pregnant and had the baby,
she fled New Jersey to Florida and decided she wanted to keep the baby.
Biologically, the baby was William Stern and Mary Beth Whitehead. However, the
agreement stated that Mary Beth would have no rights.
After many
court cases, including a reversal by the New Jersey Supreme Court, ultimately
the Stern family received custody of baby Melissa. The case of Baby M, as it
was referred to in court, became an extremely controversial subject and called
into question many moral ethical dilemmas. Since this time, many states have
surrogacy laws in place. This was a major problem for the Stern’s because New
Jersey had no existing laws. What also came to question was the practice of
buying a baby, or buy the reproductive rights to another woman to have a baby
for another couple.
I
can see both sides, ultimately, I side with the Stern’s and am happy that
Melissa was given custody to her family. It is sad that Mary Beth changed her
mind, but initially, she agreed to the terms and signed a contract with two
other adults. What do others think about this?
This is such a controversial topic! Although I agree that Mary Beth made a decision to sign the agreement and relinquish her rights to the Sterns', I find it hard not to feel sorry for Mary Beth also. She did not fully know at that time what her feelings were going to be for her unborn child. Therefore, she was not able to make an educated decision at the time the agreement was signed.
ReplyDeleteI have no desire to have or raise children, but for those who do and lack the physical capabilities, it can be an extremely emotional and toiling process. I am thankful states have passed laws to protect those involved in these difficult situations.
Individuals experience different emotions when it comes to this topic. I think it can relate to Gilligan's article where she interviewed all of those women contemplating abortion. We can think about how we will feel and try to rationalize our decisions, but no one can predict exactly how the situation will play out. As much as it would be nice to hold people to their agreements/contracts/promises, the reality is these things are broken all the time. That's why it is good that laws are being passed to help keep things in line.