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C. Dumbrava
In some cases intended parents have the possibility to establish parentage
and citizenship for their children born through surrogacy. However, such
special arrangements often discriminate between (intended) mothers and
fathers. For example, in the US children born to surrogate mothers outside
the country are treated as children born out of wedlock, so fathers can be
recognised as legal parents and therefore extend citizenship to children if
they provide proof of a genetic relationship with the child (through a DNA
test). Intended mothers, however, cannot be recognised as mothers even if
the child was conceived using their eggs and even if they are married to the
intended father.12 It follows that, in cases where another woman’s womb is
involved, paternity and citizenship can still follow the sperm but not the
eggs.
The practice of gamete donation has become increasingly accepted and
regulated, so donors are in principle discharged of parental responsibilities
with regard to children they help to conceive. However, it is not always clear
what counts as donation. In a recent US case, a man successfully claimed
parentage with regard to a child who was born after an informal agreement
in which he agreed to ‘donate’ sperm to a friend. The Court decided in the
man’s favour arguing that his act did not count as donation because the procedure used in the insemination did not involve ‘medical technology’ (they
used a turkey baster). The ultimate test of paternity in this case relied on a
mere technicality, which can hardly be seen as a morally relevant fact for
establishing fundamental ties of filiation and citizenship.13
The development of ART is likely to further complicate questions about
parentage and citizenship. The new techniques of embryo manipulation, for
example, make now possible the transfer of a cell nucleus from one woman’s egg to the egg of another, which means that the resulting child will have
three genetic parents. Advances in technologies for freezing gametes and
embryos raise questions about the rights and responsibilities over future
births and about the status of future children. There have already been a
number of cases of posthumous conception in which the sperm or eggs of a
deceased person were used by the spouse or another relative in order to conceive children. For example, it was recently reported that a 59 years old
12
13
Deomampo, D. (2014), ‘Defining Parents, Making Citizens: Nationality and
Citizenship in Transnational Surrogacy’, Review of Medical anthropology 34
(3): 210–225, https://doi.org/10.1080/01459740.2014.890195.
Brandt, R. (2015), ‘Medical intervention should not define legal parenthood’,
Bionews, 11 May 2015, available at http://www.bionews.org.uk/page.asp?obj_
id=523229&PPID=523190&sid=282.
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