American Journal of Law & Medicine

Reproductive medicine & legal parentage: breaking the silence on the legal rights of genetic and gestational parents - Culliton v. Beth Israel Deaconess Medical Center. (Massachusetts)

Reproductive Medicine & Legal Parentage: Breaking the Silence on the Legal Rights of Genetic and Gestational Parents--CuUiton v. Beth Israel Deaconess Medical Center (1) --The Supreme Judicial Court of Massachusetts (SJC) held that the genetic parents of twins conceived through artificial insemination in a third-party gestational carrier are the legal parents of the twins. (2) Plaintiffs Marla and Steve Culliton contracted with Melissa Caroll to implant embryos created from Marla Culliton's ova and Steve Culliton's sperm into Carroll's uterus. Pursuant to the contract, Carroll agreed to carry and deliver any child resulting from the implantation, and to permit the plaintiffs to have sole physical and legal custody of the child or children. Several months into the pregnancy, the plaintiffs filed a complaint in the Essex Probate and Family Court seeking a declaration of paternity and maternity. At that time, the plaintiffs also sought a pre-birth order directing the hospital where they planned for the babies to be born to designate the plaintiffs as mother and father on the children's birth certificates. …

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