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January 10, 2010

Reproductive contracts and the best interests of children

Ronald Bailey:

The question of what it means to be a parent has never been simple. But three recent cases highlight just how complicated things can get--and how inconsistent the courts have been in weighing genetic parenthood against the deals struck by would-be parents (gay and straight) with their partners.

Case 1: Sean Hollingsworth and Donald Robinson Hollingsworth are legally married in California and are registered as civil union partners in New Jersey. The two husbands arranged for Donald's sister, Angelia Robinson, to serve as a gestational surrogate carrying embryos produced using sperm from Sean Hollingsworth and donor eggs. In October 2006, Ms. Robinson bore twin girls whom she turned over to their two fathers. In March 2007, Ms. Robinson sued for custody alleging that she had been coerced into being a surrogate. A New Jersey court ruled last week that Ms. Robinson, who has no genetic tie to the twins, is their legal mother and can sue for primary custody later this year.

Posted by Jim Zellmer at January 10, 2010 2:31 AM
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