Part 2 book “Making babies, making families” has contents: ‘‘Surrogate’’ motherhood - the limits of contractual freedom, lesbian co-mothers, sperm donors, and fathers - how many parents can a child have. | chapter 4 ‘‘Surrogate’’ Motherhood: The Limits of Contractual Freedom T he ‘‘Baby M.’’ case, which riveted the attention of much of the country in the late s, remains the best-known legal contest involving ‘‘surrogate motherhood’’ in the United States. For nearly an entire year, people fiercely debated the question, ‘‘What makes someone a parent?’’ and, more particularly, ‘‘Who should be declared the legal parent of ‘Baby M.’?’’ in newspaper columns and law journals, on television talk shows, and at gatherings of co-workers and friends. The facts of the case are Mary Beth Whitehead agreed to be inseminated with the sperm of William Stern and to give up any resulting child to him and his wife for a fee of $ , . Ms. Whitehead gave birth to a baby (whom she called Sara and the Sterns called Melissa) on March , . Three days later she took the baby home from the hospital and turned her over to the Sterns. Shortly thereafter, Ms. Whitehead appeared at the Sterns’ house, apparently distraught, and begged the Sterns to let her take the baby temporarily, promising to return with her later. Fearful that in her state of distress Ms. Whitehead might harm herself, the Sterns entrusted her with the baby. The next week, Ms. Whitehead called the Sterns and told them that she had changed her mind and could not relinquish the ‘‘Surrogate’’ Motherhood [ ] baby. The Sterns went to Ms. Whitehead’s home accompanied by police, and while they were talking with relatives in the living room, Ms. Whitehead passed the baby through a bedroom window to her husband who was waiting outside. The next day the Whiteheads took the baby with them to Florida, where Ms. Whitehead’s parents lived. Over the next three months Ms. Whitehead kept moving from one motel to another with the baby, periodically speaking with Mr. Stern by phone to tell him that the baby was all right and trying to work out an agreement. At the end of July, Florida police invaded the home of
