DNA or loving care?

Abstract

Jaycee Buzzanca was born in Santa Ana, CA, USA, using the full range of assisted reproduction technology (ART). She was conceived using an anonymously donated egg and sperm. The embryo was then implanted into a surrogate mother, who had signed a contract with John and Luanne Buzzanca to bear the child but to waive all parental rights. However, a few months before the birth of the child, John divorced his wife and disclaimed any responsibility towards Jaycee, arguing that she was not a child of the marriage. As is the case in so many failed marriages, it was left to a court to determine the parentage of the child and to decide who was responsible for her care. On the basis of a genetic interpretation of parenthood, the court ruled that neither the surrogate mother nor Luanne was the legal mother, and that John was not the legal father. Although the ruling was later overturned, Jaycee Buzzanca was 3 years old before Luanne and John were eventually declared her legal parents. > Although it has strong roots in biology, the idea of parenthood is also influenced by social constructs, culture and the status of the observer In another case, the San Francisco Court of Appeals rejected the genetic interpretation of parenthood in the case of twins born in 1995 to a lesbian couple. One of the women had donated the eggs that were fertilized with anonymous donor sperm and implanted into her partner. In 2001, the two women separated and the egg donor sought legal recognition of her role as a parent to the children. Yet, when she donated her eggs, she had to sign a standard form for egg donors that waived all parental rights. In court, she claimed that the consent document was a mere formality and that it …