INDIANA COURT: SURROGATE NOT NECESSARILY LEGAL MOTHER: NWI.com

reports:

A husband and wife who had their embryo implanted into a surrogate, who then gave birth to their child, moved one step closer to getting the wife named the legal mother rather than the surrogate.

The Indiana Court of Appeals on Wednesday reversed a Porter Circuit Court decision that denied the husband and wife's petition to establish maternity on behalf of the wife, who they say is the biological mother even though a different woman gave birth. The woman who carried the child, the wife's sister, supports the wife's petition to be named mother. ...

"Indiana law expressly permits a man to establish that he is the father of a child. It has no corresponding mechanism to allow a woman to show that she is the child's mother," stated the summary.

"To hold that the absence of the ability to statutorily establish maternity means that it cannot be done is to deny equal protection under the law to women in general, and biological mothers in particular, who, because of nature's cruelty, are deprived of the ability to conceive and carry a child."

more (read the court's decision here--pdf)

Labels: Indiana, surrogate motherhood

posted by Eve at 12:05 PM VOTE

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