In March 1986, the child known as Baby M, born from the surrogacy agreement between Whitehead and the Sterns, became the center of a dispute over whether a paid surrogacy contract could be legally enforced.
In re Baby M:
How the Surrogacy Access Revolution Prompted Reaction and Reform in Family Law
Contract Conflict
"I'd rather see me and her dead before you get her."
- Mary Beth Whitehead, Biological Mother to Baby M, 4 February 1987, LA Archives
Baby M, 24 March 2014, The New York Times
After birth, Whitehead refused to surrender the child, challenging the enforceability of the agreement. Bill Stern then filed a lawsuit to enforce the agreement.
On May 5, 1986, law enforcement officers ordered Whitehead to surrender Baby M after concerns about the child’s safety.
"The one thing I've learned is I can't trust Mary Beth. Mary Beth lies."
- William Stern, Biological Father to Baby M, 28 March 1988, The New York Times
Media attention after Whitehead took Baby M to Florida, 24 March 2014, The New York Times
Whitehead subsequently fled to Florida, where she remained for 87 days seeking legal representation. Recorded communications between the parties further escalated the conflict. After Whitehead was located and returned to New Jersey to participate in the trial, Baby M was taken from her custody. In response, Whitehead turned to the media to gain public support and advocate for the return of her child.
The lawsuit between Whitehead and the Sterns became a legal conflict called In re Baby M. Courts were forced to determine whether surrogacy agreements could be legally enforced.