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It is not the case that The gestational mother should be regarded as the legal mother of a child
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Genetic contribution constitutes a stronger basis for legal parenthood than gestation, as it determines the child's heritable identity and biological continuity.
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2.
In surrogacy arrangements, the gestational mother explicitly lacks the genetic and intentional relationship that grounds parental rights and responsibilities.
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Reason for 2 of 2
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1.
Intentional parenthood, as argued by John Robertson and others, grounds legal parenthood in the deliberate act of initiating procreation rather than in biological facts.
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2.
A legal framework privileging gestation over intention systematically disadvantages commissioning parents and renders enforceable surrogacy contracts conceptually incoherent.
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Reasons Against
1 perspective
Reason against
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1.
The gestational mother is guaranteed to be identifiable at birth
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2.
It is in the best interests of the child that the person identifiable at birth be regarded as the mother
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