Case study: Class Activity

Case Study: The Custody Battle Over Baby J


In 2010, Jessica Lane, a financially struggling mother, agreed to traditional surrogacy for a wealthy couple, David and Rebecca Carter. She signed a contract, carried the child using her own egg, and received $50,000. After birth, she honored the agreement and had no further contact with the child, James Carter.

However, 10 years later, Jessica is now married, financially stable, and regrets her decision. She files a lawsuit for full custody, arguing:

  1. She was in a financial crisis when she signed the contract, making it exploitative.

  2. The Carters did not allow James to know his biological identity, violating his right to the truth.

  3. James has expressed a desire to meet his biological mother, showing an emotional need for her presence.

  4. The Carters neglected James’s mental health, while she could provide better emotional care.

  5. Her new husband is a good father figure, despite having a criminal past.

The Carters fiercely oppose her claim, stating:

  1. Jessica was paid and legally agreed to give up her rights.

  2. James has been raised in a stable, loving home and has no emotional bond with Jessica.

  3. Letting Jessica win would undermine surrogacy laws and cause chaos in future cases.

  4. Jessica’s new husband has a history of fraud, making her household unsafe.

James, now 10 years old, has been informed of the situation and wants to meet Jessica.

The court must now decide:

  • Does the biological bond outweigh a contract?

  • Should the child’s preference be honored?

  • If Jessica wins, will this set a dangerous precedent?



  1. Opening statements (2 minutes per group).

  2. Rebuttals (1–2 minutes per group).

  3. Cross-examination (optional: groups ask one question to an opposing side).



Conclusion

The court recognizes Ms. Lane’s pain and regret, but the law and James’s best interests require continuity of custody with the Carters. At the same time, James has a right to know his biological mother, and contact will serve his long-term welfare.


Judge: The court has carefully reviewed the petition filed by Ms. Jessica Lane, the biological mother of James Carter, and the response by the Carters’ the legal parents who have raised James since birth.The matter before the court is whether the child’s custody, should be transferred ten years after the surrogacy agreement was executed.