Indiana court to determine whether genetic mom or birth mom is legal mother of test tube baby
By APThursday, January 28, 2010
Ind. court to decide legal mom of test tube baby
INDIANAPOLIS — The Indiana Court of Appeals is grappling with who should be declared the legal mother of a child born through in vitro fertilization — his genetic mother or the surrogate who gave birth to him.
A Porter County circuit court says under Indiana law, the birth mother is the legal mother, but the genetic parents are challenging that decision.
The three-judge panel that heard arguments Thursday seemed sympathetic to the parents but tried to find a legal solution that wouldn’t require finding Indiana’s paternity law unconstitutional.
The surrogate isn’t seeking custody and supports the genetic parents’ challenge.
Indiana’s surrogacy law doesn’t address cases in which the surrogate is not the child’s genetic mother. Its paternity law allows men, but not women, to establish parenthood.
