...Researchers at the Oregon National Primate Research Center were looking for ways to eliminate diseases that can be inherited through maternal DNA. They developed, as the magazine Nature reported last summer, a kind of swap in which defective DNA from the egg is removed and replaced with genetic material from another female’s egg. The researchers say the procedure is also likely to work on humans.

The result would be a baby with three biological parents — or “fractional parents,” as Adam Kolber, a professor at the University of San Diego School of Law, calls them.

He mentioned the idea over lunch at The Times, and it provided plenty of grist for debate among law junkies: Could a baby one day have 100 parents? Could anyone who contributes DNA claim visitation rights? How much DNA is enough? Can a child born outside the United States to foreigners who have DNA from an American citizen claim U.S. citizenship? ...

Since the 1960s, there has been a shift toward recognizing people’s intent in creating familial relationships, as reflected in the rise of no-fault divorce, prenuptial agreements and civil unions. But when it comes to deciding parenthood, courts remain deeply influenced by biology, even when it clashes with intent.

This concern is playing out now in A.G.R. v. D.R.H. & S.H., the biggest surrogacy case in New Jersey since Baby M’s. A woman served as a surrogate for her brother and his male spouse, giving birth to twins conceived with the spouse’s sperm and donor eggs. She signed a contract agreeing that her brother would adopt the children, but the trial court, saying it was following the Baby M decision, ruled that the spouse and the surrogate mother are the legal parents. The surrogate’s brother was given no parental rights.

Labels: Artificial Reproductive Technology, parenting, surrogate motherhood

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