Medical technology blurred laws on maternity and paternity
Triplets, 21 / 2 years, the house of surrogate mother of her pregnancy and her husband, State and sent to live with the biological father and his girlfriend.
An ex-husband discovered, it is not the father of his girlfriend of the child after the payment of alimony for children 11 / 2 years and goes to court to end its monthly payments.
A sperm donor ordered to start paying child benefit for twins - more than five years after his gift for in vitro fertilization.
This is the frontier of medicine of assisted reproduction, technology and family law, a border increasingly blurred between biology and parents.
Pennsylvania, which has happened in three cases, no laws and surrogacy or egg donation of sperm. The laws are very different in other countries. Parental responsibility was given to any adult biological, genetic or on the marriage bond, the child’s other parent. And there are many cases where the child - a descendant of semen, ova donated, and a substitute for the adoptive mother - has no genetic link with his parents.
“The PA is certainly not alone in its uncertainty about how to define parents in this context,” said David D. Meyer, professor of family and constitutional law at the University of Illinois. “Many of other countries throughout the country are in Limbo.
“Technology and changes in how individuals, families are forced new questions about what it means one parent. And all this comes at a time.”
One such case involved in the exploration Inge Erie County. They were designed, donated eggs from a woman in Texas and the sperm of a man Ohio, and carried out by Danielle Bimber, 31, Corry, Erie County. After childbirth November 2003, although it has signed a contract to waive any parental right, it took the house and has custody.
A Common Pleas Court judges expires later surrogacy contract and the name of the woman Bimber “mother law” of exploration Inge.
But the April 21 Pennsylvania Superior Court, but a group that the lower court, says Bimber’s custody for exploration Inge was “full of impertinence.”
The judgments show what experts say, the gap between families and reproduction technology. American family law is based on the principles of putting the land in the Church and points of moral doctrine. Technology has outrun current laws, and the news is difficult to broadcast, because legislators are reluctant to take bold measures.
D’experts said the bottom of the judgement of the Court of Justice in exploration Inge “case reflects a traditional approach to fatherhood and motherhood, which has long been recognized that the woman, the child’s birth is regarded as one of the parents, whether genetically relationship with the child. The biological father was in this case, one of 64 years, lives with his girlfriend, a widow with three adult children.
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