The Supreme Judicial Court of Massachusetts has declared that a couple who used a surrogate to carry their twins can be recognised as the children's legal parents from the moment of birth. The seven judges' unanimous ruling also urged the state legislature to make new laws 'to address the medical, legal and ethical aspects' of new reproductive technologies.
The parents of the twins, Steven and Marla Culliton, asked the Family Court if their names could be put on the birth certificates before the birth of the twins in July. The judge refused to allow it at that time, but ordered that the birth certificates be left blank until the matter was resolved. The High Court decision allows the Cullitons' names to be recorded on the original birth certificates.
The surrogate had been implanted with an embryo created from the egg and sperm of the couple, who had chosen to use a surrogate after suffering six miscarriages. The court took into account that the commissioning couple were the genetic parents of the child, the surrogate was willing to hand over the twins, and no other party had objected to the couple's request.
Mellisa Brisman, the lawyer who represented the couple, said that the ruling represented a 'great victory for reproductive rights'. Susan Crockin, another lawyer acting on the case, said that 'procreation isn't always happening in the bedroom, and it isn't always happening with the assistance of a third person. This is an enlightened decision recognising that people are, in fact, creating families in novel ways'.
Sources and References
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Court rules on parents of surrogate
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Ruling backs genetic parents
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