What is the difference between a genetic-but-not-birth mother and a gestational surrogate?
California, United States of America
The following excerpt is from Marriage of Moschetta, In re, 25 Cal.App.4th 1218, 30 Cal.Rptr.2d 893 (Cal. App. 1994):
The other point--and it is one on which all the members of the Johnson v. Calvert court appeared to agree--is that cases of gestational surrogacy are [25 Cal.App.4th 1231] properly analyzed in terms of parentage as it is determined under the Act. Hence there is a need for some tie-breaker because genetic-but-not-birth mothers and birth-but-not-genetic mothers have equal claims to maternity under the terms of the Act.
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