Surrogate Mother Denied Additional Time With Baby

HACKENSACK, N.J. —  A surrogate mother fighting for custody of the child she agreed to bear for a childless couple may not spend more time with the baby as the trial proceeds, a judge ruled Friday.

Superior Court Judge Harvey R. Sorkow said surrogate mother Mary Beth Whitehead is to continue with her twice-weekly, two-hour visits with the 9 1/2-month-old girl under supervision at a building two blocks from the courthouse.

He said he based his decision partly on expert evaluation that concluded it would be best not to disrupt the child’s daily routine.

The child is in the temporary custody of William and Elizabeth Stern, who hired Whitehead to bear the child using Stern’s sperm.

The custody dispute arose after Whitehead and her husband, Richard, changed their minds about the surrogate arrangement shortly after the baby was born on March 27.

Whitehead turned down the $10,000 surrogate fee and fled with the child to Florida, where authorities found her.

Friday’s motion for extended visitation came on what attorneys said would be the final day in the portion of the trial dealing with whether the surrogate contract is enforceable. Beginning Feb. 2, Sorkow is to hear arguments on which couple should be awarded custody.

Tempers flared Friday after Whitehead’s attorney asked the court when considering the visitation request to consider depositions filed by expert witnesses. The judge, raising his voice during arguments, ruled the depositions should not be allowed because they were filed too late and improperly.