Modern technology complicates parentage under the law. In a recent, high profile case, a Pennsylvania judge ruled that actress Shari Shepherd was to be listed on the birth certificate of a child born via surrogacy. In that case, Ms. Shepherd and her former husband, Lamar Sally, conceived a baby using a donor’s egg, Sally’s sperm, and a surrogate’s womb. Although Ms. Shepherd was not biologically related to the child, the judge ruled she was to be listed on the birth certificate as “mother” pursuant to a surrogacy contract and the intent of the parties. The parties’ intended, prior to their split, to be parents to the then unborn child.
Surrogacy brings to light many legal complications, and the area of law regarding surrogacy is not only uneven throughout the states but also still evolving. If you are considering engaging a surrogate or becoming a surrogate, seek out legal advice so that you can know the implications of a surrogacy contract.