TENNESSEE, June 29, 2004 (LifeSiteNews.net) – The abnormal process of in vitro fertilization continues to cause legal conundrums. The Tennessee Court of Appeals has decided that a woman who carried a set of triplets but was not their biological mother is in fact the legal mother of the children.
The case originated between an unmarried couple, identified by the fictitious names Charles and Pepper, who split following the birth of a set of triplets. The triplets were conceived using Charles’ sperm and a donor’s egg and were carried by Pepper. The court chose to decide the matter based on the intent of the parties rather than on genetics. Since no other woman claims she is the mother, the court said, deciding the case on genetics “will result in the three children having no mother.” The court ruled that a written agreement between the couple and other conduct by the father indicated that he intended Pepper to be the mother and caused her to believe she would be the children’s mother. It added that Pepper would not have carried the children otherwise. The couple continue to share joint custody of the children, although Pepper has primary custody. See related LifeSiteNews.com coverage: Canadian IVF Researchers Admit 80-90% of IVF-Created Human Embryos Doomed to Die https://www.lifesitenews.com/ldn/2003/nov/03112601.html See Review appeal: https://reviewappeal.midsouthnews.com/news.ez?viewStory=22972&Form.sess_id=1549987&Form.sess_key=1088228749 pj