Surrogate motherhood has raised complex ethical and legal issues, and lawsuits over custody after the child's birth have resulted from both types of surrogacy. In the highly publicized Baby M case (1986-88), Mary Beth Whitehead, the surrogate (and biological) mother, sued William and Elizabeth Stern, the baby's father and his wife, for custody of the child. Although the surrogate mother was not awarded custody in the Baby M case, she was granted visitation rights. Several European countries and a number of states have passed laws banning paid surrogacy.
Practice in which a woman (the surrogate mother) bears a child for a couple unable to produce children, usually because the wife is infertile or unable to carry a pregnancy to term. The surrogate is impregnated either through artificial insemination (usually with the sperm of the husband) or through the implantation of an embryo produced by in vitro fertilization. The surrogate traditionally gives up all parental rights, though this has been subject to legal challenge.
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