Baby M Lawyer Urges Custody for Father, No Surrogate Visits

The court-appointed attorney for “Baby M” urged a judge Monday to grant custody of the infant girl to her biological father and deny visitation rights to the surrogate mother who gave birth to her.

The surprise recommendation came during the opening of the second phase of the trial that will test for the first time the legality of surrogate parenting.

The custody phase of the trial began with William Stern testifying that the baby he fathered is “the most important person in my life” and the lawyer for the surrogate mother contending that she can provide the most loving home.

Lorraine Abraham, the attorney appointed by the court to represent the infant’s interests, said that she recommended against visitation rights for the surrogate mother “at this time.” However, she did not say the surrogate mother should be denied all parental rights.

Abraham told the judge that her decision was based on findings by a psychiatrist, social worker and psychologist who interviewed the surrogate mother, Mary Beth Whitehead, her husband, Richard, and Stern and his wife, Elizabeth.

Outside the courtroom, both attorneys said they were surprised that Abraham made the recommendation before testimony was presented.

Testimony in the trial’s first phase last month centered on the validity of the contract under which Whitehead, a 29-year-old housewife, agreed to be artificially inseminated with Stern’s sperm and accept $10,000 to bear the baby for the childless couple.

After the birth, Whitehead rejected the money and fled with the baby to Florida. The baby, now 10 months old, eventually was returned to the temporary custody of the Sterns, with Whitehead allowed to see the baby four hours a week.