With this reasoning, the court awarded the child to the Calverts. When the two means (genetic tie and giving birth) do not coincide in the same woman, she who intended to bring about the birth of a child that she raised as her own–is the natural mother under California law. ![]() Instead, borrowing from intellectual property law, the court articulated a new doctrine of “intentional motherhood”: Calvert, the woman who contracted with the surrogate. In the first real challenge to this law, the California Supreme Court did not dwell on the significance of pregnancy and childbirth, or on the genetic connection between the child and Ms. Most states have been either silent on the issues or have forbade surrogacy. In 1993, the law in California stated that “the woman who gives birth” is the mother. No state law has shown concern for “the best interest of the child” in tackling the surrogacy issue. The genetic mother may be either the “intentional” mother who arranged the deal, or an anonymous egg donor. The child will have no genetic relationship to the surrogate. ![]() It is most often the embryo created by the couple who retained the surrogate, but in many cases, the egg is a donor egg. The surrogate is implanted with an embryo and carries the child to term. The modern version of surrogacy, which became available once in vitro fertilization was possible, is gestational surrogacy. Genesis tells of Abraham’s servant Haga bearing a child to be raised by his genetic father, Abraham, and his infertile wife Sarah. Traditional surrogacy, in which the surrogate mother is also the biological mother, may be the oldest form of assisted reproduction. Most often these nations across the world who ban surrogacy base it on “the best interest of the child.” Internationally, surrogacy is often banned or limited to heterosexual couples who are infertile. The states that support surrogacy also welcome same sex couples. surrogates offer the advantage that any baby born in the U.S. In the U.S., not all states allow surrogacy, but those that do, support a huge industry which caters to both domestic and international clients. The surrogate mother option, sometimes called “rent-a-womb,” has caused far more legal difficulties and provoked greater emotional concern than sperm or egg donation. Tom Ekman is a writer, teaches environmental science and is Paul Ekman’s son.Their new book, Babies of Technology, was recently published in April 2017 (Yale). She is a national expert in children’s rights, child custody issues and family law and policy. Mary Ann Mason is the COO of the Paul Ekman Group and the wife of psychologist, Paul Ekman.
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