The Case of Baby M: Love's Labor Lost

Law, Medicine and Health Care, Vol. 16, Nos. 1-2, pp. 121-125, 1988

CUA Columbus School of Law Legal Studies Research Paper No. 2010-35

6 Pages Posted: 5 Oct 2010

See all articles by George P. Smith

George P. Smith

Catholic University of America (CUA) - Columbus School of Law

Date Written: 1988

Abstract

This essay examines the New Jersey Supreme Court's 1988 decision in the case of In re Baby M and the effect of the holding on the consequences of collaborative conception. Rather than embrace, totally, the development of legislative approaches to validating surrogate birth contracts, this essay suggests that the courts seek a reasonable balance of competing interests in determining where the best interests of issue born of these contracts truly lie. Thus, the goals of equity rather than contract law should be pivotal in guiding judicial decision making.

Suggested Citation

Smith, George P., The Case of Baby M: Love's Labor Lost (1988). Law, Medicine and Health Care, Vol. 16, Nos. 1-2, pp. 121-125, 1988, CUA Columbus School of Law Legal Studies Research Paper No. 2010-35, Available at SSRN: https://ssrn.com/abstract=1687751

George P. Smith (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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