Father of twins sought declaratory judgment that gestational mother had neither parental relationship with children nor standing to pursue rights to children. Father and gestational mother filed motions for summary judgment. Held: Rule that maternity of gestational mother who conceived from donated eggs and sperm was established by giving birth was not rebuttable by genetic testing; statute governing establishment of the mother-child relationship contained no reference to presumption of maternity being rebuttable, there was no validated agreement between father and gestational mother, and no such agreement could have been entered into, as father was not married at any relevant time.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia. 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