Editorial
The adoptive parents
deserve child custody
The issue of surrogate motherhood, brewing since the
1970s when it gained popularity as an alternative for parents
unable to have children, has boiled over in a Hackensack,
N.J., courtroom. At issue is whether the surrogate mother or
the adoptive parents will have custody of three-month-old
“Baby M,”
While we have sympathy for the natural mother and her
husband, we believe the court should award custody of the
child to the adoptive parents.
On the surface, the question of custody may seem easy
— award the child to the natural mother. But there are some
tricky snags to this unprecedented case that compel us to
side with the adoptive parents.
On Feb. 6, 1985, Mary Beth Whitehead signed a con
tract agreeing to be a surrogate mother for William and
Elizabeth Stern. After several months of artificial insemina
tion attempts. Stem and Whitehead conceived a child, and
last March Whitehead gave birth to a healthy baby girl — a
girl she now wants to keep.
“Adoptive parents” is a misnomer in this case — it was
William Stern’s sperm that fertilized the egg. He is the
legitimate father and technically and morally has claim to
the child, and moreso when considering Elizabeth Stern,
“the other mother,” also has a contractual and emotional
claim to the infant.
In a traditional child custody case, possession rights
more than likely would go to the mother, but there isn’t a
close analogy here because surrogacy motherhood
challenges the traditional concept of motherhood.
Furthermore, Whitehead willfully entered the contract
— no proverbial gun was put to her head. Although not
legally bound to abide by the contract — the growing prac
tice of surrogate motherhood is so new, no state or federal
laws govern it — Whitehead knowingly waived her right to
the child when she signed the consent form and agreed to
accept $20,000 from the Sterns.
The investment in psychological costs and in dollars
also supports the Stems’ claim to the child.
The Sterns have already paid $10,000 in medical fees
and hospital expenses. An additional $10,000 was put in an
escrow account for Whitehead, but that money has since
been frozen pending the outcome of a lawsuit filed by the
Sterns.
Moreover, the Sterns, in a sense, were vicariously preg
nant, enjoying through Whitehead the joy and pain of
childbirth. Both couples kept in close contact with each
other; Mrs. Stern often accompanied her husband and Mrs.
Whitehead to the obstetrician, and all of them, including
Whitehead’s husband, were in the delivery room at the time
of birth.
However, vicarious pregnancy is intangible at best.
Nothing truly can compare to the real experience of
pregnancy and childbirth, and here is where the tricky part
comes in.
The maternal bond between mother and child is emo
tionally stronger than any legal or contractual bond. Yet as
strong as this case may be for the natural mother, tin; fact re
mains she was a willing participant and signed a contract
agreeing to a considerable amount of money for her
sacrifice.
It also can be argued in Whitehead’s favor that the
Sterns can find another surrogate mother. True, but
Whitehead also has the option of giving birth to another
child, an option the Sterns lack. Whitehead is already the
mother of two. The Sterns are entitled to “Baby M.“
Decline
The insolence of Brian Frary
and Charles Richards’ letter
(ODE. Jan. 12) is exceeded only
by the ignorance displayed.
Because their views are shared
by others more circumspect,
this effort to challenge the in
tellectual integrity of those
readers is justified.
In an essay. “The poverty of
Faith”, David Walker. Ph. D.,
explains that knowledge
(justified true belief) cannot be
bestowed. It must be earned and
“owned” by personal effort.
Others have addressed the
subjects raised in Frary and
Richards' letters except for the
assertion that Maxwell's Se
cond Law of Thermodynamics
(Entropy) negates the claims for
evolution. Ilya Prigogine, 1977
Nobel Prize in chemistry reci
pient. in Order out of Chaos not
o n y mentions his
“Brusselator”, but also the
“Oregonator" of University
professor Richard Noyes.
These chemical reactions of
the Belusov-Zhabotinskv series
entail mixing chemical solu
tions in the presence of a
catalyst. The solutions then
rhythmically change color pro
viding evidence that there are
two exceptions to the .Second
Law of Thermodynamics. This
is also manifested by the
upstream flow of water in a
river turning a bend. In cosmic
reference, the Earth and evolu
t i o n are insignificant
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trivialities.
One of the dangers is that
Frary will probably graduate
with a degree in biology, then
present hin.self as a certified
“scientist” while persisting in a
mental state totally antagonistic
to the principles of science.
Religion has duped our
citizens with myths, fears and
superstition and deprived them
of the ability to think clearly,
logically and independently.
This is an important factor in
the rapid decline the United
States is experiencing in educa
tion, international politics and
economics.
Bert Tryba
Eugene
Research
Innovation is a prime factor
required for a region’s develop
ment. Research conducted at
the Riverfront Research Park
should play such a role in the
development of local economic
development.
This letter expands on the
position taken by Professor
Frank Stahl in the University
Senate debate on the question
whether classified research
should be permitted at the park
(as reported in the ODE, )an.
22).
Dr. Stahl argues that better
commercial enterprises would
be attracted to the park by an at
mosphere in which research
results are freely shared and
open to criticism. This seems
reasonable. Firms responsive to
input are more likely to adapt to
market needs than those firms
operating behind closed doors.
There is an equally compell
ing public sector argument for
keeping research at the park
open. Since the Riverfront
Research Park is possible only
by public investment — city
and state development money,
University land, public sacrifice
of the use of the Willamette
Greenway — it follows that the
occupants of the park should be
chosen on the basis of their con
tribution to the local economy,
not only in dollars, but in terms
of their contribution to the
technology of 1oca 1
development.
Not only should we require
firms to share the results of their
research, we should target
research than can directly con
tribute to new product and pro
cess development unique to the
economic future of Eugene and
Oregon.
For the University Senate,
local governmental officials and
groups to require less would be
to violate the public’s interest in
a public institution — the River
front Research Park.
Fergus McLean
Industrial relations
Marketing
Fellow Eugeneans, what do
you think about the recent pro
posed changes in our communi
ty gathering center?
Eugene's prosperous mayor
has appointed his 25-year-old
son, Doug Obie, to manage the
Fifth Street Public Market. Far
be it for me to suggest there is
anything improper about this.
After all, our capitalist mayor
owns the market (that has a
resonant ring to it, don’t you
think?), and has every right to
blow it for us or not as he
pleases. No, just because it trig
gers the gag reflex doesn’t make
it wrong.
What I want to protest is the
neophyte’s policies which af
fect two of my favorite
restaurants, the Genesis )uice
Bar and the French Horn Cafe.
For many years I have enjoyed
their healthy, well-prepared,
quality food.
1 am disturbed that the
cosmetic changes proposed for
the market require their rents to
be tripled. Such improvements
in "complexion” may cost Dad
a lot if it means these two
businesses — and their clientele
— are driven elsewhere.
I admit it — I, too, have pro
prietary feelings about the
market. It has something to do
with the civilized, non-class
biased values reflected in its at
mosphere and character.
And despite young Obie's
televised disclaimer that the
market won’t be turned into
another Valley River, I'm afraid
the values reflected in this first
big decision of his first big job
bode ill for both the market and
for the community. Would
Wheatgerm have inflicted this
on us?
Tom Hyde
GTF. speech