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NJ & CT News

By ALM Staff | Law Journal Newsletters |
June 30, 2008

New Jersey

Woman Says Doctor and Lawyer Duped Her into Giving up Children

A New Jersey woman who served as a surrogate mother, giving birth to twins she gave up to the contracting parents, is currently not only seeking to recover the children, but is suing the doctor and the lawyer who arranged the surrogacy contract. Although the famous Baby M. case of the 1980s held surrogacy contracts unenforceable in New Jersey, the state's residents continue to enter into them, as did the plaintiff mother in A.G.R. v. Brisman, 08-cv-01716. The surrogate mother, known in the suit as A.G.R., is claiming the lawyer and doctor engaged in conspiracy and deceit, deprived her of her civil rights and committed legal and medical malpractice. The complaint charges, 'The contract and its terms were designed to induce compliance under a false belief by A.G.R. that she was under a legal obligation to adhere to them. [The lawyer and doctor] employed the use of the contract to advance their conspiracy to terminate or badly impair the natural and legal rights of A.G.R. ' Unbeknownst to her, under New Jersey Law, despite the contract ' and, in fact, because of it ' she could have legally kept exclusive custody of the girls as the legal mother. This was a fact ' intentionally withheld from her.' A.G.R.'s lawyer is Harold Cassidy, who represented surrogate mother Mary Beth Whitehead in Baby M.

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