European Stars And Stripes (Newspaper) - October 25, 1986, Darmstadt, Hesse                                Surrogate Mother Mary Beth Whitehead who decided she wants to keep her baby leaves a new Jersey courthouse with her daughter and husband after a hearing in August. A custody trial is scheduled for nov. 3. Surrogate mothers grow in number despite questions by Carol Lawson new York times in a final desperate Elloul to have a family hundreds of infertile couples across the country have turned to surrogate motherhood in recent years. The Hall dozen major centers in the United tales thai match infertile couples with surrogates report thai business is flourishing. But even though the surrogate arrangement has been a Happy solution to a traumatic problem for a great Many couples it has been shrouded with an unresolved question what if the surrogate changes her mind and wants to keep the baby she is after All the child s biological Mother. That question is at the heart of an emotional Legal Battle in new Jersey. The surrogate Mary Beth Whitehead of Brick township . Was artificially inseminated with sperm from William Stern whose wife. Elizabeth contends she cannot Bear a child without significant risk to her health Whitehead changed her mind after she gave birth to the child. She does not want to relinquish custody As she originally had agreed to do Legal experts say the Case is Likely to have widespread implications for the growing practice of surrogate motherhood. But they also say that even if the judge was to Rule that the surrogate contract is not binding the demand for the services of surrogate mothers is not going to diminish the number of infertile couples is increasing and surrogate motherhood is the Only Chance Lor Many of them to have a child with a genetic link. This is a landmark Case that will serve As a Model for other  said Lori b. Andrews a lawyer specializing in reproductive Law with the american bar foundation the research affiliate of the american bar association. There have been two other instances in which surrogates changed their minds and kept the child but this is the first to go through  directors of leading surrogate centers nationwide report that while the new Jersey Legal Case has created some anxiety among couples there has been no fall off in business. Instead they report steadily growing interest among couples who Are willing to spend As  As $30,000 for a surrogate birth $10,000 for the surrogate plus medical and Legal Bills and the Center s fee which can be As High As $11.000. About 500 babies have been born to surrogate mothers in the United states in the last 10 years. The new Jersey Case resulted from an agreement signed by Stern of Tenafly . Whitehead a housewife and her husband Richard. She was artificially inseminated with sperm from Stern a biochemist and agreed to Bear a child for him and his wife who is a paediatrician. In Exchange she was to be paid $10.000. Shortly after she turned the baby Over to the Sterns however. Whitehead called off the Deal and refused payment. She told the Sterns she was upset and wanted the baby Back for a few Days. The Sterns went along with her request expecting Whitehead to return the child soon. Instead Whitehead fled with the baby to Florida where she was tracked Down in july by Law enforcement officials. The baby was returned to the Sterns and a judge ruled that they could retain custody pending a final ruling. A trial is set for nov. 3 in Bergen county new Jersey Superior court. Legal experts say the Stern Whitehead dispute is one bound to arise when surrogates Are used and that it Points out the need for legislation. They say there is a specific need for Laws regulating the enforceability of surrogate contracts the Legal obligations of the parties involved and the legality of payment to surrogates. Currently opponents of surrogate motherhood say that by receiving a fee typically $10,000, a surrogate is engaging in baby Selling which is illegal. Supporters argue that a surrogate should be compensated for her time and trouble. A Public hearing on the need for legislation is scheduled in new York City this month by the judiciary committees of the new York stale Senate and Assembly. Committee members will listen to suggestions for Public policy from both proponents who View surrogate motherhood As a humane alternative for infertile couples and opponents who see it As a perversion of science and unethical. The hearing is the result in part of a decision rendered in july by Nassau county surrogate Raymond Radigan in an adoption Case involving a surrogate Mother. After a baby is born to a surrogate the understanding is that the child will be legally adopted by the wife of the Man who donated his sperm. In his decision the judge approved both the adoption of the child and payment to the surrogate despite what he said were Strong reservations about these arrangements both on moral and ethical  he called Lor legislative action to establish guidelines. The Sterns and Whitehead found each other at the infertility Center of new York. It was started in 1984 by Noel p. Keane. A lawyer from Dearborn mich., who has been arranging surrogate births since 1076 and is regarded As a Pioneer in the Field. The Center reports about six surrogate births a month it bothers me that there is a problem said Keane. Referring to the Stern Whitehead Case but it is not a problem we had not anticipated at one time or another. Ii is something we talk about with every  but if a woman changes her mind he continued what can you do about in to Don t have Laws in this area. We Don t have them because there is so much religious opposition. The Catholic Church is opposed to artificial insemination so who is going to wave the Flag for infertile couples to have surrogate parenting As an alternative Keane added that even if some states were to make surrogate motherhood illegal it would exist elsewhere. It will go on in other states or in puerto Rico and the  he said because you Are not going to Stop the drive of an infertile couple to have a genetically related  Al the Center for surrogate parenting in Beverly Hills calif., William Handel a lawyer who runs the company said hat interest is increasing  the Center has reported 44 births in six years. " a surrogate is not a Mother in the usual sense Handel said. She allows herself to be artificially inseminated with sperm other than her husband s and commits herself to having a child for another  in Handel s opinion a surrogate Mother should have a Legal status similar to that of an Anonymous donor whose sperm is used to artificially inseminate a woman whose husband is sterile. Harriett Blankfeld executive director of infertility associates a surrogate Mother Center in Chevy Chase md., said she is really not concerned with the Stern Whitehead Case. If an airline crashes do we shut Down All our airports she asked. As an Industry we have an incredible safety  one Center. Surrogate parenting associates of Louisville ky., was forced to close for nine months after the Kentucky court of appeals ruled that surrogate Mother agreements violated the state s adoption statutes. The Kentucky supreme court reversed the decision in february and the Center has reopened. There is a growing Confidence in surrogate  said Andrews of the american bar foundation. The movement has to be seen in the perspective of the Strong autonomy our society puts in the childbearing decision. Legislation Banning surrogate motherhood would be held unconstitutional infringing on a couple s procreative autonomy under the right of privacy. So we have to think about a Public policy to make the experience a better one for everyone involved. We can t take an Ostrich like approach to this  Page 16 the stars and stripes saturday october 25,1986