Baby m Case

436 Words2 Pages
1. Summary of the Baby M case The primary issue to be determined is what the best interest of the child is. Rights and duties of the parties (custody, support, and visitation). The court seeks to achieve justice for the child. The court only decides on the legal principles. Examine what law there is and apply it to the facts. Facts of the contract: Between 1972 to 1978, Mrs. Stern was diagnosed with multiple sclerosis, which in effect would render her infertile. The couple decided to go for surrogate parentin. Mrs. Whitehead volunteered to join the surrogate program for the purpose of “giving the most loving gift of happiness to an unfortunate couple” and also help her in supporting her children’s education. Mr. and Mrs. Stern and Mr. and Mrs. Whitehead discussed the surrogacy arrangement. It was concluded that Mrs. Whitehead would be the surrogate mother of a child to be born to Mr. and Mrs. Stern. The parenting agreement was signed by each parties excluding Mrs. Stern. Mrs. Whitehead would be paid $10,000 and all medical expenses. Baby M was born on March 27, 1986. Due to the hospitals ignorance about the surrogate parenting contract, Mr. Whiteheads name and Sara Elizabeth Whitehead was put as the parent o the birth certificate of Baby M. With the intervention of the Florida Child Welfare authorities, Mr. Stern took custody over/of the baby after 4months. Mrs. Whitehead was willing to share the custody of the baby while Mr stern wasn’t willing 2. Classical contract law as defined by judges in the common law is based on the concept of a bargain or exchange between two free and equal individuals. Explain Distinguish a contract from representation: The notion of promise distinguish contract from representation. Representations are statements as to an existing or past facts , not promises as to future events. If made falsely or negligently, it can have

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