Louise and her husband contracted with Sharon to participate in a gestational surrogacy arrangement in California....
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Louise and her husband contracted with Sharon to participate in a gestational surrogacy arrangement in California. Through in vitro fertilization, an embryo (created by ovum from Louise and sperm from her husband) was implanted in Sharon's uterus, and after nine months of pregnancy, a baby girl was born. Under the contract, Sharon was supposed to turn the child over to Louise and her husband shortly after the birth, but Sharon was emotionally distraught and refused to do so. After several weeks of bitter conflict, Louise and her husband went to court for a declaration of parenthood and an order for transfer of custody. Which of the following best describes the likely ruling by the court? Louise, as the genetic mother, has the superior claim to maternity and will prevail. The court will determine maternity according to the best interests of the child. Louise, as the genetic mother and the intended mother under the contract, will prevail. Sharon, as the gestational mother, has the superior claim to maternity and will prevail. Louise and her husband contracted with Sharon to participate in a gestational surrogacy arrangement in California. Through in vitro fertilization, an embryo (created by ovum from Louise and sperm from her husband) was implanted in Sharon's uterus, and after nine months of pregnancy, a baby girl was born. Under the contract, Sharon was supposed to turn the child over to Louise and her husband shortly after the birth, but Sharon was emotionally distraught and refused to do so. After several weeks of bitter conflict, Louise and her husband went to court for a declaration of parenthood and an order for transfer of custody. Which of the following best describes the likely ruling by the court? Louise, as the genetic mother, has the superior claim to maternity and will prevail. The court will determine maternity according to the best interests of the child. Louise, as the genetic mother and the intended mother under the contract, will prevail. Sharon, as the gestational mother, has the superior claim to maternity and will prevail.
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Related Book For
Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-0071317658
15th edition
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt
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