When Science and Law Clash: Gestational Carriers, Assisted Reproduction, and Adoption in NJ
A recent story in The New York Times reported that in Michigan a couple who had a surrogate carry their biological twins are being forced to adopt their own children following their births. The twins are their full, genetic children, meaning the husband’s sperm and the wife’s egg were used to conceive. They have no genetic relationship to the gestational carrier, but, under Michigan law, she is nevertheless considered their legal parent. Michigan law does not recognize the genetic parents as the legal parents of these children at birth. As a result, this couple must now go through the entire,...
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