Law, providing that parent-child relationship may be established by genetic testing, directly conflicts with assisted conception statute since the law allows paternity to be established solely on the basis of biological ties, which circumvents assisted conception statute’s instruction that mere donors cannot establish parentage, and, consequently, a sperm donor aided only by the results of genetic testing may not establish parentage. Unmarried female egg donor who is also the gestational mother may be considered a parent under assisted conception statute, but the fact that a male is unable to be the gestational carrier of the fertilized ovum is the result of biology, not discrimination under equal protection clause.
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