Biological mother of child, who donated egg to birth mother and was previously in same-sex relationship with birth mother, filed petition to establish parental rights and for declaratory relief, including adjudication of parentage and a declaration of constitutional invalidity with respect to statute providing for relinquishment of parental rights in connection with provision of biological material during course of assisted reproductive technology.
(1) biological mother was “donor” within scope of challenged statute;
(2) biological mother’s inchoate interest developed into protected fundamental due process right to be parent to child;
(3) application of challenged statute to require biological mother to relinquish her parental rights violated due process;
(4) statutory differentiation between heterosexual and same-sex couples with respect to requirement that donor of biological material relinquish parental rights violated equal protection; and
(5) biological mother did not waive her parental rights by signing standard informed consent form.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com