'Psylocke' posted by Little green man - 10/08/2013, 16:28:02
‘I’m pretty sure that the posern who gives birth is the mother under the law.’Even if I accept that, whose the father? The husband of the woman who gives birth? The law hasn’t fully caught up with the assistive reproduction techniques that are in common use now. There is probably a lot of case law but I bet its mostly family court judges trying to settle custody disputes.I’m not a family lawyer but I know a bit about assistive reproduction. Technically, a woman carrying a baby that is not genetically related to her for someone else is called a ‘gestational carrier’. In some states, the gestational carrier would be considered the legal mother. Surrogate agencies generally do not employ gestational carriers living in those states. There are states that will allow the genetic mother to be listed on a baby’s original birth certificate as the mother. Also, the federal government recognizes genetic parentage when determining citizenship (at least in the case of parents using gestational carriers living in other counties). I recommend the HBO documentary “Google Baby” for a laymen perspective of international surrogacy. I could have an embryo made with my egg and donor sperm, implanted in a gestational carrier in another country. Once the baby was born, I could obtain a US passport for him or her relatively quickly. I could also PAY the gestational carrier for her services. If she was considered the baby’s mother this would be considered child trafficking under international treaty. (I’m sorry I don’t know the reference to cite.) Anyway, this all ducks the intent of my original question: ‘who would a clone’s parents be legally?’ I can’t think of several possibilities and I suspect judges in different states would reach different answers.