What authorities are available in the United States and Canada for dealing with the parental circumstances of a surrogacy agreement where the surrogate mother is the genetic mother of the child?
British Columbia, Canada
The following excerpt is from H.L.W. and T.H.W. v. J.C.T. and J.T., 2005 BCSC 1679 (CanLII):
As described by counsel in their presentations there are not an abundance of authorities dealing with the parental circumstances as are present here. The case law tends to focus on gestational surrogacy agreements where the surrogate mother undergoes a procedure to have the egg of another woman and the sperm of another man fertilized in her womb. There is no reported case which involves a situation analogous to the present, that is, where the surrogate mother is the genetic mother seeking custody over the child. See Rypkema v. British Columbia 203 B.C.S.C. 1784 and the authorities referred to by Madam Justice Gray in that decision including various U.S. authorities.
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