Quote:
Originally Posted by AlphaFrog
I was thinking thst if It was a legal issue and not agency policy, it might fall under the law about babies being born in wedlock legally assumed to be fathered by the husband unless a contrary affidavit is filed. In this case, even though the biological mother is not actually the one giving birth, it MIGHT be argued that the husband of the biological mother could be assumed the legal father. It would be a huge reach, but a really savvy and persuasive lawyer might at least get a hearing on it. Being how emotional this process is for all involved, I'm thinking this may be a safeguard about that even being a possibility.
This whole thing reminds me of Elle debating with Warner in Callahan's class about sperm donor's rights. LOL
|
I wouldn't think so. Technically, all parental rights would be with the couple/woman giving birth to the child. Biological or not, the legal mother would be the one who gave birth, unless it was a surrogate in which case the surrogacy agreement would spell out who has a legal claim to the child.