New Jersey Judge Calls Surrogate Legal Mother of Twins

Judge Francis B. Schultz of Superior Court, who ruled in the case in Hudson County, N.J., relied heavily on the precedent established by the New Jersey Supreme Court in 1988 in the case of Baby M. The surrogate in that case, Mary Beth Whitehead, carried her own genetic child for another couple after artificial insemination with the man��s sperm. After Ms. Whitehead decided that she wanted to keep the baby, the court ruled that her maternal rights could not be terminated against her will.

"The surrogacy contract," the Baby M court found, "is based on principles that are directly contrary to the objectives of our laws. It guarantees the separation of a child from its mother; it looks to adoption regardless of suitability; it totally ignores the child; it takes the child from the mother regardless of her wishes and maternal fitness."

Citing that passage, Judge Schultz wrote, "Would it really make any difference if the word 'gestational' was substituted for the word 'surrogacy' in the above quotation? I think not."

Ms. Robinson, of Keansburg, N.J., issued a statement calling the decision "one more step in helping to insure stability and peace in the lives of our girls."

Ms. Robinson was represented by Harold J. Cassidy, a Shrewsbury, N.J., lawyer who also represented Ms. Whitehead. In a statement, Mr. Cassidy applauded the decision and called surrogacy "an exploitation of women."

Alan S. Modlinger, the lawyer for Sean and Donald Hollingsworth, said the case was of importance to gay men and lesbians because of their reliance on reproductive technology to have children.

Since 2007, the twins have shuttled back and forth between the Hollingsworths' home and Ms. Robinson, who has three parenting days a week. A final decision on custody is expected after the trial this spring.

(Edit:Ruby)