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
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