In the Baby M Case, which court reversed the lower ruling?

• A. The New Jersey Supreme Court upheld the ruling
• B. The Federal Court
• C. The Legislature
• D. The New Jersey Supreme Court reversed the ruling

Answer: (D)

Appellate review often overturns a lower court when it finds the original ruling conflicts with public policy or established legal principles. In the Baby M case, the New Jersey Supreme Court looked at the trial court’s decision regarding the surrogacy arrangement and custody and reversed it. The Court held that surrogacy contracts are not enforceable and void as a matter of public policy, meaning the contract could not determine who would be the child’s legal parents. This reversal emphasized that allowing private agreements to dictate parental rights in surrogacy raises serious policy concerns about commodifying children and potential exploitation, so the higher court set a different legal direction than the lower court. The federal court and the legislature were not the bodies involved in reversing this ruling, which is why the New Jersey Supreme Court’s reversal is the correct focus.