biological parents, and, in cases of surrogacy, a gestational mother.
which the gestational mother must also be the intended mother--is far
agreements, the gestational mother is the child's natural mother.
113) Remarkably, the court found that Cullitons, a married couple, had conceived the twins, who were therefore children of the marriage, and not of the gestational mother.
the gestational mother was also the genetic mother, having been artificially inseminated with sperm from the intended father.
This result would likely be different if the gestational mother were impregnated with a pre-embryo that was produced with donor gametes; that is, neither the gestational carrier nor the intended parents are the source of the child's genetic material.
As the genetic and gestational mothers
, both women have an equally valid basis to establish maternity under the UPA.
53) Therefore, the court held that the intended mother was the natural mother (54) and that the gestational mother had no rights at all.
Justice Kennard, in his minority opinion, berated the court for its reliance on a contractual standard, arguing that rules derived from tort law, intellectual property law, commercial law or contract law were inadequate to protect the interests of either the child or the gestational mother.
According to Judge Spicer's' test of genetics, a gestational mother who intends to be the parent using an egg donation must follow the laws of adoption and obtain donor waivers of parental rights.
47) Thus, at birth, the gestational mother would be afforded complete autonomy in making decisions for the child, while the biological father, who at that point has not invested emotionally, would have no recognizable property interest and thus no custodial interest.
Thus, the gestational mother is awarded custody of the newborn because her unique physical connection affords her greater emotional connection.
As a case in point, the Wayne County Circuit Court in Michigan issued an interim order declaring a gamete donor couple to be the biological parents of a fetus being carried to term by a woman hired to be the gestational mother.
To avoid begging any ethical questions by a choice of terminology, I use the terms genetic mother and gestational mother to refer to the women who make those respective contributions.
The judge, however, seems to be making a different claim: that genetics determines our individuality, and therefore the genetic contributors have a higher claim to raise and make decisions for a child than anyone else, including the child's gestational mother