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Ashton Botts

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Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts Dec 2012

Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts

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 …


Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts Dec 2012

Are You My Mother? Determining "Parentage" In Gestational Surrogacy Cases, Ashton Botts

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 …