BABY M: AN UNREQUITED INVITATION

Author: 

Pasquale Guglietta

In re Baby M presented a truly groundbreaking fact pattern that had not yet been adjudicated in New Jersey, and has achieved a near iconic status, in New Jersey and across the country. Its legacy is somewhat surprising, though, since the case itself did very little in terms of announcing new law. In essence, the New Jersey Supreme Court found that the specific surrogacy contract at issue violated New Jersey law, yet it did not outlaw all surrogacy arrangements. On the contrary, the Court left the door wide open, and invited the Legislature to provide greater clarity with regard to the use of surrogates. View More