Surrogate not legally a baby’s mother, judge rules
A Saskatchewan judge has ruled that a woman who gave birth to a baby girl in 2009 is not actually the child’s mother, in a decision that exposes the gap between legislation and reality in modern parenthood.
“It’s tough for the legislators to keep up, and this is a case where it may be lagging,” said Rich Gabruch, lawyer for “John” and “Bill,” the same-sex couple who are now properly called the parents of “Sarah,” who was conceived with John’s sperm and an ovum from an anonymous donor, and carried to term by “Mary.”
“The way we’re reading this decision is that the other father can now be listed on [the birth certificate],” Mr. Gabruch said. “The next step would be to list [Bill] specifically,” although he acknowledged the case has moved into “uncharted waters.”
In granting John and Bill’s request, supported by Mary, to remove Mary’s name from Sarah’s birth certificate, Madame Justice Jacelyn Ann Ryan-Froslie of the province’s Court of Queen’s Bench, noted that the law defines a “mother” as the woman who delivered a child, and presumes she is also a parent, which is no longer always true. (Photo: Fotolia)