NYTimes
A New Jersey judge has ruled that a gestational surrogate who gave birth to twin girls is their legal mother, even though she is not genetically related to them.
The ruling gives the woman, who carried the babies in an arrangement with her brother and his male spouse, the right to seek primary custody of the children at a trial in the spring.
The case illustrates the legal complexities of gestational surrogacy, in which a woman carries unrelated embryos created in a petri dish. A gestational surrogate in Michigan recently obtained custody of twins she carried, but courts in several other states have upheld the rights of people who contracted with gestational surrogates. [...]
A New Jersey judge has ruled that a gestational surrogate who gave birth to twin girls is their legal mother, even though she is not genetically related to them.
The ruling gives the woman, who carried the babies in an arrangement with her brother and his male spouse, the right to seek primary custody of the children at a trial in the spring.
The case illustrates the legal complexities of gestational surrogacy, in which a woman carries unrelated embryos created in a petri dish. A gestational surrogate in Michigan recently obtained custody of twins she carried, but courts in several other states have upheld the rights of people who contracted with gestational surrogates. [...]
Any woman who has ever given birth can relate to this ruling.
ReplyDeleteMaybe someday, babies will be incubated and hatched in brooding laboratories but for now, it takes nine long months of nausea, heartburn, exhaustion, cramps and a host of other aches, pains and illness symptoms following by the ordeal politely but naively termed "labor".
I hope that she wins her suit. It might put a damper on what is becoming the latest form of "prostitution"; poor women selling their bodies as incubators for the genetic material of the wealthy.
In Russia as I know there is a law according to which surrogate mother the right not to give biological parents the child has. But in Ukraine it was a hot new about German couple and their surrogate. German couple has faced the problem of child’s receiving after surrogate mother gave him birth. They used service of Biotexcom clinic. I want to notice that during the whole time clinic’s lawyers, managers and director was together with this couple and solved the problem. They helped German couple to return their child and leave the country. Nevertheless just parents were guilty and provoked such situation. It happened so because attended parents communicated with their surrogate mother without clinic’s workers and when she asked them to give money they immediately fulfilled her wish. At the end clinic has proved that it’s guiltless and in any situation it help patients to solve the issues and successfully come back home. So, no matter how good the clinic was, no one is immune from scandals
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