In the Baby M Case, what compensation was Whitehead set to receive?

• A. $5,000
• B. $20,000
• C. $10,000
• D. $0

Answer: (C)

The question hinges on what the surrogacy contract promised the surrogate to be paid. In the Baby M case, the agreement between Mary Beth Whitehead and the Sterns included a compensation of ten thousand dollars for Whitehead for carrying the child, along with coverage of pregnancy-related expenses. The New Jersey Supreme Court ruled that such surrogacy contracts are void and unenforceable because allowing a monetary contract to govern the making of a child raises public policy concerns. Still, the amount specified in the contract—ten thousand dollars—reflects the compensation Whitehead was set to receive under the agreement. The court’s decision did not enforce that payment as a contract term; custody of the child was decided in a different way, with the surrogate’s financial terms not being enforceable.