But at a hearing in January, lawyers for the State said there was no provision to record the biological or genetic mother
in cases of surrogacy.
In this situation, where all three parties agree that the intended and genetic mother
should be declared the child's legal mother on the child's birth certificate, New York provides no legislative remedy to mothers, unlike genetic fathers who can simply take a genetic test or sign an affidavit of paternity, because genetic mothers
must petition the court for a declaration of motherhood through adoption.
Scenario Three: Surviving Partner is the Father and Decedent is the Genetic Mother
Most place legal parenthood or the choice to exercise it with the surrogate, especially if she is also the genetic mother
38) The surrogate mother may become pregnant by artificial insemination, in which case she is also the genetic mother
The UPA, which defines the legal relationship between a child and his or her parents regardless of their marital status, has never been applied to a case involving two lesbian women where one is the genetic mother
and the other the gestational mother of their children.
With In Vitro Fertilization (IVF) and a gestational carrier, a woman can still be a genetic mother
while not putting herself or her baby at any dangerous health risk," says Michele Purcell, RN Shady Grove Fertility's Donor & Gestational Carrier Program Manager.
She said: "The daughter would be carrying her own sibling and the genetic mother
would be a grandmother.
to see the case where one partner was in fact the genetic mother
and the other mother was the gestational mother [K.
29) The Israeli law is designed to facilitate and not impede these agreements by legalizing the relationship of the genetic mother
and her genetic child, and minimizing the rights of the gestational mother.
Like adoption, surrogacy separates the role of rearing mother from what the law has called the natural mother, but gestational surrogacy breaks the latter down into the roles of genetic mother
and birth mother, leaving two women with biological connections to the child.
At the age of five years Dolly already suffered from age-related diseases just like her genetic mother
who was twice as old.