Issues of child custody and our moral values in the era of new medical technology.
A series of ethical, moral, and legal dilemmas are presented along with the related landmark case law. The definition of motherhood and the types of mothers, such as genetic, gestational, and surrogate, have become a confusing matter, not only for a growing child but for lawmakers and mental health professionals as well. Pregnancy through artificial insemination gives certain rights to women who are not married to the father, even when these women have contracted to surrender the baby after birth. The law has recognized that biological mothers have a potential right to custody or at least visitation. Such a right, however, is not established on behalf of a father whose only relationship with a child is through his genetic component unless a strong emotional bond exists, and the mother is not married to and cohabiting with her husband. The author argues that the principle of "the child's best interest" must prevail in all custody disputes, regardless of who the biological parent is.
Kermani
E J
EJ
Department of Psychiatry, New York University Medical Center, NY 10016.
D002648:Child; D002655:Child Custody / Q000331:legislation & jurisprudence*; D004624:Embryo Transfer / Q000523:psychology*; D004992:Ethics, Medical; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005260:Female; D005307:Fertilization in Vitro; D006801:Humans; D007231:Infant, Newborn; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D009014:Morals; D018587:Oocyte Donation; D011247:Pregnancy; D013094:Spermatozoa; D013533:Gestational Carriers / Q000331:legislation & jurisprudence*