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In the Matter of Baby M, 109 NJ 396 (1988)

Facts:

Paid surrogate to carry baby and not surrogate wont give baby to parents

Ratio:

Judges have power to void a contract if it is contrary to public policy
Test for public policy: Are the harmful consequence palpable in the view of society?

Analysis:

The courts hold that some kinds of relationship should not be regulated by contract, and if the parties try to the courts may find that public policy concerns override the contract and thus the contract will not be enforceable

Holding:

Parents got baby because it was in the best interest of the baby


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