Using Genes to Define Motherhood--the California Solution
Annas, George J.
New England Journal of Medicine. 1992 Feb 6; 326(6): 417-420.
Sometimes (although not often) new forms of medical technology raise unique legal and social-policy issues that require new laws. In vitro fertilization, followed by the transfer of the embryo to a woman who did not contribute the ovum, is such a technique, because when the child's gestational mother is not the child's genetic mother, society must decide which is the child's legal mother. A California Court of Appeal, the first appellate court anywhere in the world to rule on this issue, decided in late 1991 that genes determine motherhood....The California appeals court rejected the position of the Ethics Committee of the American College of Obstetricians and Gynecologists that gestation determines motherhood, regardless of genetics....
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