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Unpublished Paper
Are You My Mother? Determining "Parentage" in Gestational Surrogacy Cases
ExpressO (2012)
  • Ashton Botts

ABSTRACT This casenote examines the 2012 Maine Supreme Court gestational surrogacy case Nolan v. Labree. This case was uncontested and the Court reached a logical and satisfying conclusion that the intended parents should be named the legal parents of the child in question. In more complex situations, though, the decisions are not so simple. This note examines the legal background of gestational surrogacy cases and state courts’ call to legislatures for guidance in deciding this legal question that becomes more prevalent every day. Courts are sending a clear message that they will not be the ones to decide issues of parentage, and that it is up to the state legislatures to research this issue and develop clear guiding principles to determine future gestational surrogacy cases.

Publication Date
December 18, 2012
Citation Information
Ashton Botts. "Are You My Mother? Determining "Parentage" in Gestational Surrogacy Cases" ExpressO (2012)
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