European Stars And Stripes (Newspaper) - September 14, 1987, Darmstadt, Hesse                                Monday september 14, 1987 the stars and stripes Page 5 no. Top court to hear baby m Appeal Trenton . A the baby m Case will become a focus of Legal null Calion again monday when an Appeal by the surrogate Mother who los custody goes before the new Jersey supreme court. The landmark Case continues to stir debate Over moral and Legal issues As legislators in at least 27 states have proposed Bills dealing with surrogacy. The baby s natural Mother Mary Beth Whitchead is seeking to overturn the March 31 decision by Superior court judge Harvey r. Sorkow who upheld the $10,000 contract that produced baby m. His ruling severed Whitchead s parental rights to the child and awarded custody to the couple who contracted for the infant. The decision was the nation s first on a broken surrogate contract and had the effect of creating state Law on the Issue because no new Jersey statute deals directly with surrogacy. Whitchead 30, Mother of two other children had agreed to be artificially inseminated with the sperm of William Stern and Bear a child for him and his wife Elizabeth. But when the baby was born on March 27, 1986, Whitehead said her feelings about giving up the child had changed so radically that she could t go through with the Deal. She fled to Florida with the child and the Sterns sued for custody. After Sorkow s ruling mrs. Stern 41, a Pedi Atri Cian adopted the baby who now is legally Melissa Elizabeth Stern. Despite the flurry of legislative proposals Only Louisiana has voted to make surrogate Mother con tracts unenforceable according to Legal experts. A few other states have established study commissions to evaluate the Issue. Now new Jersey s highest court must determine the degree if any to which existing state Laws on adoption custody and the termination of parental rights pertain to a Case in which a surrogate Mother wants to keep the baby. Sorkow said repeatedly that surrogacy is a new concept and is not covered by those statutes. Law yers for the stems agree. In briefs filed with the supreme court while head s lawyers have said Sorkow deprived their Cli ent of her constitutional right to the continued companionship of her child. They add that surrogacy violates Public policy by harming the children involved and exploiting Surro Gate mothers. Surrogacy they say is nothing More than trafficking in human  an attorney for the Sterns Gary n. Seploff claims the Constitution also protects his clients rights and claims surrogacy arrangements Are valid because couples enjoy a fundamental right to have a  he said Whitchead waived her constitutional right to the baby by signing the contract. Skoloff says surrogacy is in Accord with Public policy because through surrogacy life and family arc created where otherwise not  Many Legal experts said the state s High court May be the Ideal tribunal to hear the Case because of it willingness to break new Legal ground As it has done in right to die cases upholding a family s right to terminate treatment of the hopelessly ill. The court has shown a willingness to consider the social ethical and medical ramifications of what it docs and to set Down some rules about How a particular Endeavor should proceed said attorney Lori Andrews a research fellow with the american bar foundation. We might Sec something from the court that would describe what is needed for an adequate surrogacy program and for the Law to protect a surrogacy contract Andrews said. Sands of time in the stars and stripes 40 years ago today. Sept. 14, 1947 after a heated de Bate the greek parliament in Athens passed a Bill granting unconditional am Nesty to guerrillas. The Bill was to be printed and dropped on guerrilla held areas to urge the fighters to take the last Opportunity to surrender. 30 years ago today. Sept. 14, 1957 Arkansas gov. Orval e. Faubus took off for Newport r.i., for a conference with president Eisenhower about the Federal state school integration dispute at Little Rock. 20 years ago today. Sept. 14, 1967 California gov. Ronald Reagan called on the United states to throw its full military punch at North Vietnam to win the War As quickly As  10 years ago today. Sept. 14. 1977  swollen creeks and Rivers surged Over their Banks and sent Walls of water through sections of Kansas City mo., leaving at least 17 dead and hundreds Home less. Searchers concentrated on under ground garages at a shopping Center pumping them out in search of additional victims. Trost says . Subs Aren t inferior scoffs at critical report in Jane s Groton Conn. A the chief of naval operations is critical of a report that . Attack submarines Are inferior to their soviet counterparts. Adm. Carlisle . Trust scoffed at a report in the latest edition of Jane fighting ships which said the Navy has been hidebound and autocratic in fall ing behind soviet technology. I Challenge them because i know bet Ter Trost said during the launch sat urday of the nuclear powered Pasadena at the electric boat shipyard in Groton. In Virginia the nation s 37th attack submarine the nuclear powered key West was commissioned saturday at the Norfolk naval base. The Pasadena will undergo a year of sea trials before it is commissioned or formally made a part of the Navy Fleet. Royal Navy capt. John Moore in the Jane s Book said soviet submarines Are Superior to . Submarines in All areas. Moore criticized the late rear .Hyman g. Rickover for refusing to accept alternatives to the 688 class the line of nuclear powered attack submarines of which the 360-foot-Long Pasadena is the latest. Moore said that since the first 688 was commissioned in 1976, the soviets have introduced four new Supe rior lines of submarines. Admiral Rickover had since the Arri Val of the Nautilus arrogated to himself Semi divine capabilities in All aspects of nuclear submarine affairs Moore wrote in Jane s. Trost questioned Moore s expertise and said the soviets have borrowed Liber ally from american technology. My guess is they Moore look around to see what catches attention and then spout words Trost said. More than 7,000 people attended the launch. A handful of anti nuclear protes ters also were present outside the Mai Gates of the shipyard but police reported no arrests. Near Contact Range Coroner says suspect shot 5 times in the Back Atlanta a a Black suspect killed by two White police officers at an Atlanta housing project thursday eve Ning was shot six times five times in tieback at Point Blank Range Fulton county Coroner or. Saleh Zaki said saturday. He said Eddie Lee Callahan 37, was shot in the Back five times at Contact or near Contact Range and was also shot once in the right Side from an undetermined distance. After the shooting about 400 Resi dents of the Carver Homes housing project protested the incident some con tending that Callahan was shot while lying on the ground and handcuffed. He did t have to kill that Man said Debra marrow who said she witnessed the shooting from about 30 feet away. He executed that Man. I said Don t kill him. You got him handcuffed. Don t shoot him. Don t shoot him " the two police officers involved in the incident . Watson and  Long said Callahan was trying to take a gun from one of them when he was shot by the other. Police said they will continue to inter View possible witnesses. Both Watson and Long have been placed on administrative leave. Nasa reports flawless test of 2 shuttle joints Huntsville Ala. A Nasa officials who examined parts of a redesigned shuttle Booster rocket say two joints similar to the one that caused the 1986 challenger disaster performed perfectly in a test firing last week. Nasa officials disassembled and studied the segmented solid propellant motor used in the test and said that the Field joints performed flawlessly. On the joints we be looked at so far the test is a 100 percent Success in every respect said Johnthomas manager of the redesign Effort at the Marshall space flight Center. Neither of two joints showed any sign of leakage or erosion Thomas said in a Telephone interview from the Morton Thi Okol Booster rocket manufacturing Plant in Utah. Both the aft Field joint and the Center Field joint were pulled apart by technicians working around the clock Thomas said. He said workers also will disassemble the joint connecting the exhaust nozzle to the motor Case. The aft joint looked As we expected it to look Thomas said. There was some evidence of discoloration because of the beat from the aluminium slag that accumulated in the Bottom. It was very evident no hot Gas penetrated the insulation a Seal. Therefore no hot Gas got to any of the  one of the rubber of rings in the aft joint appeared to be nicked slightly but Thomas said the Accident appeared to have occurred during disassembly. Aluminium powder used in the propellant normally blown out when the Booster is in the vertical position for flight built up in the Bottom of the horizontal test motor. A water system used to Cool the Case partially failed causing the Metal casing to overheat. Two segments Worth a total of $1 million were los due to heat damage including one that cracked Thomas said. The investigation into the Jan. 28, 1986, explosion that destroyed the space shuttle challenger determined that ignition pressure caused the Booster joints to flex open. 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