Report Warned Surrogate Might Balk at Having to Give Up Baby M

Testimony in the custody battle for a child born to a surrogate mother ended Monday with attorneys entering into evidence a psychological report they say could have prevented the emotional dispute.

The 1 1/2-page report, drafted before Mary Beth Whitehead became a surrogate, concluded that she could have trouble giving up a child.

Neither Whitehead, 29, nor the couple who hired her for $10,000 read the report until after the surrogate changed her mind about the deal and refused to give up her daughter.

The April 26, 1984, report was written by Joan Einwohner, a clinical psychologist with the Infertility Center of New York, the agency that matched Whitehead with William and Elizabeth Stern of Tenafly.

Seek Permanent Custody

Since Whitehead’s decision to turn down the Sterns’ money and keep her daughter, the couple have sued for permanent custody of the child known as Baby M.

Superior Court Judge Harvey R. Sorkow, who must decide the contract’s validity as well as who should get custody, will hear closing arguments in the unprecedented case Thursday. He is expected to rule March 30, three days after the baby’s first birthday.

Einwohner said in the report that although Whitehead was sincere about her plans to become a surrogate mother, the psychologist had “some concern about her tendency to deny feelings.”

“(I) think it would be important to explore with her in somewhat more depth whether she will be able to relinquish the child at the end,” Einwohner wrote.

However, Einwohner concluded: “Except for the above reservations, Whitehead is recommended as an appropriate candidate for being a surrogate.”