Literature DB >> 24457376

Mater semper incertus est: who's your mummy?

Rita D'alton-Harrison1.   

Abstract

In English law, the legal term for father has been given a broad definition but the definition of mother remains rooted in biology with the Roman law principle mater semper certa est (the mother is always certain) remaining the norm. However, motherhood may be acquired through giving birth to a child, by donation of gametes or by caring and nurturing a child so that the identity of the mother is no longer certain particularly in the case of surrogacy arrangements. While the law in the UK may automatically recognise the parental status of a commissioning father in a traditional surrogacy arrangement, the parental status of the commissioning mother is not automatically recognised in either a traditional or a gestational surrogacy arrangement. Thus the maxim mater est quam gestation demonstrat (meaning the mother is demonstrated by gestation) is also not approached consistently in the legal interpretation of parentage or motherhood in surrogacy as against other assisted reproduction methods. This raises questions about the extent to which motherhood should be affected by the method of reproduction and whether the sociological and philosophical concept of motherhood should, in the case of surrogacy, give rise to a new principle of 'mater semper incertus est' (the mother is uncertain). This article will argue that the time has come to move away from a legal definition of 'mother' that is based on biology to one that recognises the different forms of motherhood.
© The Author [2014]. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Entities:  

Keywords:  Commissioning couples; Early parental orders; Epigenetics; Legal and social parent; Motherhood; Surrogacy

Mesh:

Year:  2014        PMID: 24457376     DOI: 10.1093/medlaw/fwt047

Source DB:  PubMed          Journal:  Med Law Rev        ISSN: 0967-0742            Impact factor:   1.267


  2 in total

Review 1.  "One for Sorrow, Two for Joy?": American embryo transfer guideline recommendations, practices, and outcomes for gestational surrogate patients.

Authors:  Pamela M White
Journal:  J Assist Reprod Genet       Date:  2017-02-09       Impact factor: 3.412

2.  Being questioned as parents: An interview study with Swedish commissioning parents using transnational surrogacy.

Authors:  Anna Arvidsson; Sara Johnsdotter; Maria Emmelin; Birgitta Essén
Journal:  Reprod Biomed Soc Online       Date:  2018-09-20
  2 in total

北京卡尤迪生物科技股份有限公司 © 2022-2023.