Womb or the Gene: Who wins the battle?

This case involved a dispute where the facts were complex and the state law had an unusual interpretation of the law.

In this case the couple were willing to have a family however the wife could not bear the child as she had to undergo hysterectomy.

The couple then decided to use the womb of wife’s sister for gestating a child, as a surrogate. The sister who was already a mother to her own children, agreed for the surrogacy.

Wife’s egg, harvested from her ovary and husband’s sperms were fertilized and implanted into the sister’s uterus.

All the parties had a consensus on the term that after the birth of the child, the biological parents i.e. the couple would raise the baby and the sister, the surrogate would have no connection to the child other than as aunt.

Surprisingly, the couple was informed that the Ohio Law prohibits this understanding and would consider the sister as the mother on the birth certificate, since she is the birth mother.

Also, because she is not married to the biological father, he would not be considered as the legal father and his name could not appear on the birth certificate, leaving the child to be treated as a child born out of wedlock.

The Ohio State law also directed that to become legal parents the biological parents would have to adopt the child. The biological parents filed a suit in the Appellate court for declaratory judgement.

The Appellate Court allowed the petition on the grounds that a genetic relationship was stronger than a gestational connection, and the gestational mother could claim to be the natural parent only with the genetic parents' consent.