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	<title>Comments on: Non-biological surrogate declared &#8220;Mother&#8221;</title>
	<atom:link href="http://www.boxturtlebulletin.com/2010/01/02/18999/feed" rel="self" type="application/rss+xml" />
	<link>http://www.boxturtlebulletin.com/2010/01/02/18999</link>
	<description>News, analysis and fact-checking of anti-gay rhetoric</description>
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		<title>By: Rebecca</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58979</link>
		<dc:creator>Rebecca</dc:creator>
		<pubDate>Wed, 06 Jan 2010 03:20:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58979</guid>
		<description>I&#039;d also like to point out the (hopefully) obvious: gestating is &lt;I&gt;work&lt;/i&gt;. It&#039;s not &lt;I&gt;the same as&lt;/i&gt; &quot;parenting,&quot; but it&#039;s not less than either.</description>
		<content:encoded><![CDATA[<p>I&#8217;d also like to point out the (hopefully) obvious: gestating is <i>work</i>. It&#8217;s not <i>the same as</i> &#8220;parenting,&#8221; but it&#8217;s not less than either.</p>
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		<title>By: Throbert McGee</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58907</link>
		<dc:creator>Throbert McGee</dc:creator>
		<pubDate>Tue, 05 Jan 2010 10:18:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58907</guid>
		<description>Side question, for anyone who&#039;s confident that &quot;gestational motherhood&quot; is of minimal legal significance, and should clearly be trumped by genetic fatherhood when there is a contractual dispute:

Does this mean you&#039;d be happy to scratch &lt;b&gt;maternal uterine effects&lt;/b&gt; off the list of potential co-factors that may influence sexual orientation?

Or would you insist that &quot;gestational motherhood&quot; should only matter when &quot;our LGBT side&quot; is served by it mattering, but not when it&#039;s an inconvenience for us gay people?

Because I don&#039;t see any consistency in arguing that birth-motherhood has objective, scientific bearing when the question is &quot;Why are some people born gay?&quot;, but that we are obligated to ignore it because of a surrogate-uterus contract that a woman signed.</description>
		<content:encoded><![CDATA[<p>Side question, for anyone who&#8217;s confident that &#8220;gestational motherhood&#8221; is of minimal legal significance, and should clearly be trumped by genetic fatherhood when there is a contractual dispute:</p>
<p>Does this mean you&#8217;d be happy to scratch <b>maternal uterine effects</b> off the list of potential co-factors that may influence sexual orientation?</p>
<p>Or would you insist that &#8220;gestational motherhood&#8221; should only matter when &#8220;our LGBT side&#8221; is served by it mattering, but not when it&#8217;s an inconvenience for us gay people?</p>
<p>Because I don&#8217;t see any consistency in arguing that birth-motherhood has objective, scientific bearing when the question is &#8220;Why are some people born gay?&#8221;, but that we are obligated to ignore it because of a surrogate-uterus contract that a woman signed.</p>
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		<title>By: Throbert McGee</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58905</link>
		<dc:creator>Throbert McGee</dc:creator>
		<pubDate>Tue, 05 Jan 2010 09:59:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58905</guid>
		<description>Hypothetical case:

A married heterosexual man whose wife is completely infertile (she can neither produce healthy eggs nor safely carry a pregnancy to term) contracts with his sister for her to be the gestational surrogate, using the man&#039;s sperm and an anonymous donor egg. After the baby is born, the sister reneges on the contract and attempts to claim custody rights as the gestational/birth mother. In other words, a case that EXACTLY parallels this one, biologically speaking, except that the legal spouse of the genetic father is a woman, and not a man.

Can anyone here really claim to predict with certainty that this hypothetical case would&#039;ve turned out differently than the current dispute between Ms. Robinson and Mr. Robinson?</description>
		<content:encoded><![CDATA[<p>Hypothetical case:</p>
<p>A married heterosexual man whose wife is completely infertile (she can neither produce healthy eggs nor safely carry a pregnancy to term) contracts with his sister for her to be the gestational surrogate, using the man&#8217;s sperm and an anonymous donor egg. After the baby is born, the sister reneges on the contract and attempts to claim custody rights as the gestational/birth mother. In other words, a case that EXACTLY parallels this one, biologically speaking, except that the legal spouse of the genetic father is a woman, and not a man.</p>
<p>Can anyone here really claim to predict with certainty that this hypothetical case would&#8217;ve turned out differently than the current dispute between Ms. Robinson and Mr. Robinson?</p>
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		<title>By: FriendofHollingswort</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58834</link>
		<dc:creator>FriendofHollingswort</dc:creator>
		<pubDate>Mon, 04 Jan 2010 16:41:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58834</guid>
		<description>What might be important is that there is a separate malpractice lawsuit where she seeks millions of dollars from the IVF clinic and the lawyer who wrote the contract.  Also, the parents gave her a load of cash to switch her sexual orientation from lesbian to straight.  Much more than it seems.</description>
		<content:encoded><![CDATA[<p>What might be important is that there is a separate malpractice lawsuit where she seeks millions of dollars from the IVF clinic and the lawyer who wrote the contract.  Also, the parents gave her a load of cash to switch her sexual orientation from lesbian to straight.  Much more than it seems.</p>
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		<title>By: Richard W. Fitch</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58792</link>
		<dc:creator>Richard W. Fitch</dc:creator>
		<pubDate>Mon, 04 Jan 2010 01:40:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58792</guid>
		<description>Kristie - After a quick &#039;Google&#039; and Wiki search, I realize the issue is much more complicated than initially apparent. The laws vary vastly from state to state in the US just as do marriage/civil union laws. This may be one rare class of cases where the birth certificate would list the &#039;mother&#039; as anonymous, since that seems to be the intent of the egg donor. In other cases like (?? famous couple ??) where the biological parents are known, they would be listed on the document rather than the gestational surrogate. As emotionally attached as the sister may be, her rights should not excede the terms of the contract into which she entered. It is very difficult to believe, as others have stated, that she could have in any way  been &#039;forced&#039; to be the surrogate.</description>
		<content:encoded><![CDATA[<p>Kristie &#8211; After a quick &#8216;Google&#8217; and Wiki search, I realize the issue is much more complicated than initially apparent. The laws vary vastly from state to state in the US just as do marriage/civil union laws. This may be one rare class of cases where the birth certificate would list the &#8216;mother&#8217; as anonymous, since that seems to be the intent of the egg donor. In other cases like (?? famous couple ??) where the biological parents are known, they would be listed on the document rather than the gestational surrogate. As emotionally attached as the sister may be, her rights should not excede the terms of the contract into which she entered. It is very difficult to believe, as others have stated, that she could have in any way  been &#8216;forced&#8217; to be the surrogate.</p>
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		<title>By: Kristie</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58791</link>
		<dc:creator>Kristie</dc:creator>
		<pubDate>Mon, 04 Jan 2010 01:24:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58791</guid>
		<description>Richard, my comments in regard to Ms.Robinson&#039;s &quot;motherhood&quot; were only in reference to the fact that there has to be SOME name on the birth certificate to indicate who gave birth to these children. That is where, in my opinion, Ms.Robinson&#039;s legal connection to these children should end. 

As to your analogy, no I don&#039;t think I would still be the legal owner of the harvest, nor do I think Ms. Robinson should be considered a &quot;legal owner&quot; of these girls. She gave birth to them, her name would be listed as &quot;mother&quot; on their legal birth certificates, but she clearly gave up her legal rights to them when she entered into the original contract. 

Just because someone is considered someone&#039;s mother or father in a legal sense doesn&#039;t mean they should get custody of them. That was my point.</description>
		<content:encoded><![CDATA[<p>Richard, my comments in regard to Ms.Robinson&#8217;s &#8220;motherhood&#8221; were only in reference to the fact that there has to be SOME name on the birth certificate to indicate who gave birth to these children. That is where, in my opinion, Ms.Robinson&#8217;s legal connection to these children should end. </p>
<p>As to your analogy, no I don&#8217;t think I would still be the legal owner of the harvest, nor do I think Ms. Robinson should be considered a &#8220;legal owner&#8221; of these girls. She gave birth to them, her name would be listed as &#8220;mother&#8221; on their legal birth certificates, but she clearly gave up her legal rights to them when she entered into the original contract. </p>
<p>Just because someone is considered someone&#8217;s mother or father in a legal sense doesn&#8217;t mean they should get custody of them. That was my point.</p>
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		<title>By: Richard W. Fitch</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58768</link>
		<dc:creator>Richard W. Fitch</dc:creator>
		<pubDate>Sun, 03 Jan 2010 15:45:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58768</guid>
		<description>Kristie - Since this matches the patriarchal view of birthing, consider this. You have 40 acres of fertile farmland. We enter a contract where I provide the seed and pay you to tend the field and when the harvest arrives, give me the yield. You are paid for all your work and I receive the fruits of that work. Are you still the *legal* owner of that harvest?? Even share croppers are only entitled to a contracct portion of the harvest, not all.</description>
		<content:encoded><![CDATA[<p>Kristie &#8211; Since this matches the patriarchal view of birthing, consider this. You have 40 acres of fertile farmland. We enter a contract where I provide the seed and pay you to tend the field and when the harvest arrives, give me the yield. You are paid for all your work and I receive the fruits of that work. Are you still the *legal* owner of that harvest?? Even share croppers are only entitled to a contracct portion of the harvest, not all.</p>
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		<title>By: Kristie</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58745</link>
		<dc:creator>Kristie</dc:creator>
		<pubDate>Sun, 03 Jan 2010 05:12:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58745</guid>
		<description>Since the child is the product of a donated egg I can see that Ms. Robinson would have to be (for all intents and purposes) considered the legal mother of these girls, but that should still not give her any legal claim to them as far as custody goes. She is not genetically related to them in any way and she had no hand in parenting them for the first 5 months of their life. 
For her to file for custody would be like the nurse that cared for them in the hospital filing for custody. 

I could see a judge perhaps granting joint or total custody to a mother who was genetically related to the kids, but I don&#039;t see how they could justify granting this woman custody (if it comes to that with the final decision) when there has been no reported mistreatment of the girls and the woman filing for custody is not biologically related to them and was not a parent to them prior to her filing for custody.

And what is this crap she&#039;s trying to sell about being &quot;coerced&quot; into it. How do you get coerced into this situation? I mean I could buy it if she was some young girl who needed the money and was poor,had no family support &amp; turned to this &quot;job&quot; out of desperation, but she agreed to do this of her own free will for her brother and brother-in-law. She went to a fertility clinic, allowed herself to be inseminated,carried a child to term  and only 5 months AFTER the birth did she attempt to get custody. Did they hold a gun to her head? Did they threaten to kill her if she didn&#039;t agree? No. They asked, she agreed and she signed a contract relinquishing all claim to those children. 

I really hope the parents (the male ones) do not lose their kids in the end. What she has done has just confused those kids and made their lives 100 times harder than they had to be.   

The Miller/Jenkins case is a different thing altogether,imo because they were in a committed relationship when their daughter was born, planned to raise her together and Ms. Jenkins was an active parent to the child for over a year before the split. Thought she may have no biological connection to her she was acting as a parent to that child and had formed an emotional bond with her.</description>
		<content:encoded><![CDATA[<p>Since the child is the product of a donated egg I can see that Ms. Robinson would have to be (for all intents and purposes) considered the legal mother of these girls, but that should still not give her any legal claim to them as far as custody goes. She is not genetically related to them in any way and she had no hand in parenting them for the first 5 months of their life.<br />
For her to file for custody would be like the nurse that cared for them in the hospital filing for custody. </p>
<p>I could see a judge perhaps granting joint or total custody to a mother who was genetically related to the kids, but I don&#8217;t see how they could justify granting this woman custody (if it comes to that with the final decision) when there has been no reported mistreatment of the girls and the woman filing for custody is not biologically related to them and was not a parent to them prior to her filing for custody.</p>
<p>And what is this crap she&#8217;s trying to sell about being &#8220;coerced&#8221; into it. How do you get coerced into this situation? I mean I could buy it if she was some young girl who needed the money and was poor,had no family support &amp; turned to this &#8220;job&#8221; out of desperation, but she agreed to do this of her own free will for her brother and brother-in-law. She went to a fertility clinic, allowed herself to be inseminated,carried a child to term  and only 5 months AFTER the birth did she attempt to get custody. Did they hold a gun to her head? Did they threaten to kill her if she didn&#8217;t agree? No. They asked, she agreed and she signed a contract relinquishing all claim to those children. </p>
<p>I really hope the parents (the male ones) do not lose their kids in the end. What she has done has just confused those kids and made their lives 100 times harder than they had to be.   </p>
<p>The Miller/Jenkins case is a different thing altogether,imo because they were in a committed relationship when their daughter was born, planned to raise her together and Ms. Jenkins was an active parent to the child for over a year before the split. Thought she may have no biological connection to her she was acting as a parent to that child and had formed an emotional bond with her.</p>
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		<title>By: Rebecca</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58743</link>
		<dc:creator>Rebecca</dc:creator>
		<pubDate>Sun, 03 Jan 2010 03:15:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58743</guid>
		<description>Is your oven a sapient being, TJ?</description>
		<content:encoded><![CDATA[<p>Is your oven a sapient being, TJ?</p>
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		<title>By: TJMcFisty</title>
		<link>http://www.boxturtlebulletin.com/2010/01/02/18999/comment-page-1#comment-58742</link>
		<dc:creator>TJMcFisty</dc:creator>
		<pubDate>Sun, 03 Jan 2010 02:33:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.boxturtlebulletin.com/?p=18999#comment-58742</guid>
		<description>Crap. Does that mean my oven owns the cupcakes I just took out?</description>
		<content:encoded><![CDATA[<p>Crap. Does that mean my oven owns the cupcakes I just took out?</p>
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