What did the New Jersey Supreme Court decide?

• A. The surrogacy contract binding
• B. Sterns win custody
• C. The surrogacy contract was invalid and Whitehead is the legal mother
• D. Court remanded

Answer: (C)

In surrogacy cases, who is recognized as the legal parent depends on how the court views the surrogacy arrangement and who actually bears the child. The New Jersey Supreme Court ruled that such a contract attempting to assign parental status is not enforceable. Because the contract is invalid, the person who gave birth is treated as the legal mother, regardless of genetic ties or who planned to raise the child. This protects the child and reflects public policy against turning parenthood into a negotiable asset. As a result, the intended parents do not gain parental rights through the contract itself and would need to pursue adoption if they want to become legal parents. The decision settled the matter rather than remanding it, and it underscored that surrogacy agreements cannot be enforced to transfer parental status.