Two decades ago, a surrogate-pregnancy arrangement that went awry put New Jersey in the spotlight, as its courts were forced to fashion a legal framework for an increasingly prevalent practice nationwide.
The state Supreme Court’s seminal ruling, In the Matter of Baby M , 109 N.J. 396 (1988), held surrogacy contracts unenforceable when disputes arise between birthing mothers and the women who hire them. Instead, the best interests of the child would govern.
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