In 1985 William Stern and Mary Beth Whitehead entered into a surrogacy contract stating that Mrs. Whitehead was willing to be impregnated with Mr. Stern's sperm because Mrs. Stern was infertile. Mrs. Whitehead would deliver the born child to the Sterns and terminate her maternal rights so that Mrs. Stern could thereafter adopt the child. Mrs. Whitehead's husband, Richard, was also a party to the contract; Mrs. Stern was not. Mr. Whitehead promised to do all acts necessary to rebut the presumption of paternity. The contract gave Mrs. Stern sole custody in the event of Mr. Stern's death. Mr. Stern agreed to pay Mrs. Whitehead $10,000 after the child's birth, on its delivery to him. He agreed to pay $7,500 to the Infertility Center of New York (ICNY), and ICNY arranged for the surrogacy contract.

However, almost from the moment of birth Mrs. Whitehead realized she could not part with the child. She nonetheless turned her child over to the Sterns on March 30 at the Whiteheads' home. Later that evening Mrs. Whitehead was stricken with unbearable sadness. The Sterns, concerned that she might commit suicide turned the child over to her on her word that she would return her in a week. It became apparent that Mrs. Whitehead could not return the child, and Mr. Stern filed a complaint seeking enforcement of the surrogacy contract.

Should Mary Beth Whitehead have parental rights and/or visitation rights to Baby M? What ethical principles does Mary Beth Whitehead violate and how?