N.J. woman must adopt baby born through artificial insemination of a surrogate

[no_hypocrisy]

http://www.nj.com/news/index.ssf/2011/03/nj_womans_case_exposes_laws_in.html


She has a birth certificate identifying her as the mother of her 19-month-old son. But because she has no biological or genetic connection to the child, no court in New Jersey will recognize her as the mother.

The boy, conceived with a donor egg and carried by a surrogate, is not the son of the woman in the eyes of the law because she did not give birth to him and has no genetic link to him, an appellate court declared last month. If she wants be named the child’s mother, she must adopt him, the court said.

-snip-

Cofsky says that’s discrimination. Under the state’s parentage laws, a husband is always presumed to be the father of a baby even if his sperm isn’t used for conception, he said. But a wife who doesn’t use her egg or her body for the pregnancy is never the presumed to be the mother. Instead, she has to adopt the baby, a process that can take months and cost up to $6,000, he said.


"The law says a mother has to be genetic, biological or adoptive," Cofsky said. "A father doesn’t have to be any of those."

-more-

[MineralMan]

1. Not her ovum. Not her body.

Adopt. Seems simple to me. She's in no way the biological mother, nor does she have any physical or genetic connection. Adoption is the process.

[WhiteTara]

2. spoken like a true sperm owner

maybe not sperm donor, you can still call the child your own, without a lot of money. I know you're not misogynist, and probably don't see the discrimination involved, because it doesn't and won't ever affect you. Women? Not so much.

[MineralMan]

3. No children fertilized by my sperm.

It's a legal issue, not a women's rights issue, I think. Without a physical or genetic connection to the child, it's hard to assign parenthood on a legal basis. Of course the woman in question is the child's mother. That's by intention. The law doesn't really recognize that. Adoption formalizes that intention. It's pretty simple. Such cases affect very, very few people.

[WhiteTara]

4. If a legal issue, why couldn't it be solved

with contract? Which wasn't that what that was with the surrogate being paid to carry the child to term?

And btw, just because you didn't use, doesn't mean you don't own, which in this world carries all weight. (Over 6 million women and countless others were murdered so that we would say God!)

[Name removed]

5. Deleted message

Message removed by moderator. Click here to review the message board rules.