In the Matter of Baby M

In 1978, Louise Brown was born in England, becoming the first baby born through in vitro fertilization (IVF). Since then, over 33,000 babies have been born through surrogacy methods; 7,000 in 1994 alone.

Between 1988 and 1995, the number of women in the United States suffering from infertility problems rose from 4.9 million to 6.1 million; an increase of 25 percent. It is estimated, that of these fertility problems in women, about 35 percent can be attributed to blocked fallopian tubes. In the late 1990s, approximately 315 clinics in the United States offered services to infertile couples and individuals; there are hundreds of additional clinics worldwide.

Success rates for in vitro fertilization vary. The Center for Surrogate Parenting, Inc. (CSP) of Los Angeles, California, reported a 78 percent success rate in 1996 for IVF when using a freshly donated egg; the rate dropped to only 25 percent when a frozen egg was used. CSP reported a 45 percent pregnancy rate in 1997 for a fresh egg; 20 percent for frozen. A 1989 study suggests about 27.5 percent of clients successfully bore a child using embryo transfer.