agreements, the gestational mother is the child's natural mother.
difference between the two categories is that the gestational mother is
Neither woman intended to bear a child for another woman or to have another woman bear her child, a fact that courts use to justify taking a child from its gestational mother in surrogacy cases.
As was noted above, being a gestational mother differs from being a gestational surrogate.
the gestational mother was also the genetic mother, having been artificially inseminated with sperm from the intended father.
This result would likely be different if the gestational mother were impregnated with a pre-embryo that was produced with donor gametes; that is, neither the gestational carrier nor the intended parents are the source of the child's genetic material.
53) Therefore, the court held that the intended mother was the natural mother (54) and that the gestational mother had no rights at all.
Justice Kennard, in his minority opinion, berated the court for its reliance on a contractual standard, arguing that rules derived from tort law, intellectual property law, commercial law or contract law were inadequate to protect the interests of either the child or the gestational mother.
47) Thus, at birth, the gestational mother would be afforded complete autonomy in making decisions for the child, while the biological father, who at that point has not invested emotionally, would have no recognizable property interest and thus no custodial interest.
Thus, the gestational mother is awarded custody of the newborn because her unique physical connection affords her greater emotional connection.
To avoid begging any ethical questions by a choice of terminology, I use the terms genetic mother and gestational mother
to refer to the women who make those respective contributions.
The judge, however, seems to be making a different claim: that genetics determines our individuality, and therefore the genetic contributors have a higher claim to raise and make decisions for a child than anyone else, including the child's gestational mother