Saturday, April 22, 2006

custody - standing - "gestational mother"

J.F. v. D.B. - Superior Court - Aril 21, 2006

Third-party "gestational mother" (GM)/"gestational carrier" who is not children's biological mother does not have standing, as against unconsenting Father a) to seek or challenge custody of triplets born of the embryo of Father's sperm and the egg of "egg donor" J.R., or b) to seek the termination of J.R.'s parental rights.

GM's actions were contrary to a surrogacy agreement of GM, Father, and Father's long-term companion, E.D. Father and E.D. planned to raise the children by an agreement arranged to a private surrogacy agency. However, the court "decline[d] to comment on the validity of surrogacy contracts, either specifically in this case or generally in this Commonwealth. That task is for the legislature."