Beyond Surrogacy: Gestational Parenting Agreements under California Law
1991; Volume: 1; Linguagem: Inglês
10.5070/l311017546
ISSN1943-1708
Autores Tópico(s)Ethics and Legal Issues in Pediatric Healthcare
ResumoWomen's Law Journal for their enthusiastic support and editorial suggestions.It has been an honor and a privilege to have worked with the members of the Journal.I have the highest hopes for their continued success.1. Gestational surrogacy is a procedure that allows an infertile woman with intact ovaries to have one of her eggs fertilized and implanted into the womb of another woman, who is expected to carry the fetus to term.See infra note 23 and accompanying text for a discussion of Crispina Calvert's infertility.See infra note 25 for a more detailed description of this procedure.See also infra note 3.For purposes of this Article, "gestational surrogacy" is defined as the in vitro fertilization (IVF) of an embryo from an infertile woman and her partner, and its subsequent gestation by a second woman.Variations on this technique exist, such as the impregnation of the genetic mother, followed by the lavage or "flushing" of the embryo from her womb, and its subsequent implantation into the gestational mother.For purposes of this discussion, however, the varieties of techniques which may be used to separate genetic and gestational motherhood are irrelevant.12.An alternate or additional question may be: Why should only one of these women be considered the child's mother?A detailed analysis of the issues raised by shared visitation or custody, however, is beyond the scope of this Article.13. See infra notes 65-69 and accompanying text.14.See infra Part I, section A. 15.Kim Cotton, a thirty-four year old, married English woman with two children of her own bore a child, under a paid traditional surrogacy agreement, for an American couple in 1985.Although she swore she would never repeat her surrogacy experience, Ms. Cotton is expecting twins, fertilized by IVF, for her friend Linda Mayne and Ms. Mayne's fianc6, Robin Nelson, in July 1991.See Independent, Jan. 4, 1991, Home News, at 2. Kim Cotton is not the only woman to act as a gestational birth mother for a friend.Two Australian women gave birth to children fertilized from their sisters' genetic embryos.See
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