A gestational surrogacy contract is an arrangement between commissioning parents and the woman who carries the baby in pregnancy, the birth or gestational mother
(sometimes called the surrogate mother).
Code 20-15, which provides rights to a husband of a gestational mother
but fails to address the rights of a wife of a gestational mother
in a same-sex marriage.
The genetic mother inevitably prevails over the gestational mother
as the natural parent of the child.
Chesler's the true mother is the gestational mother
, the one who gave birth to the child.
2014) (enrolled), available at http://www.legis.la.gov/Legis/ViewDocument.aspx?d=904605&n=HB187%20Enrolled ("Prior to in utero embryo transfer, the intended parents or the gestational mother
and her husband, if she is married, may initiate a summary proceeding in the court exercising jurisdiction over the adoption of minors where the intended parents or the gestational mother
reside, seeking to have the court approve a gestational surrogacy contract.").
A child born out of a gestational surrogacy arrangement can have up to five prospective parents: (1) the intended mother; (2) the intended father; (3) the gestational mother
; (4) the genetic parent via egg donation; and (5) the genetic parent via sperm donation.
and father, an intended mother and father, and a gestational mother
"Being a test case is not a good thing lot the real family, but ideally, for the development of the law it would be helpful for the supreme court to see all three factual permutations: to see the child-support case [Elisa B.], to see the case where one partner was in fact the genetic mother and the other mother was the gestational mother
(29) With IVF, donors may provide both ova and sperm, so there are potentially four people with parental interests: the genetic father (sperm donor), the genetic mother (egg donor), the gestational mother
, and the husband of the gestational mother
In an important move the court also hypothesizes that "a 'gestational mother
' may possess enforceable rights under the law, despite her being a 'genetic stranger' to the child." (46)
The committee's unanimous conclusion to ban reproductive cloning--cloning to produce a child for rearing--rested chiefly on profound concerns for the physical safety both of the baby produced and of the gestational mother
. But reproductive cloning raises many other significant social and ethical problems, including confusing familial relationships, psychological harms to the DNA donor, and commercialization of the family.
Preserving the natural status of the gestational mother
despite a contract that provides otherwise throws uncertainty over the whole process by allowing the surrogate mother to withdraw from the contract or protest.