is that fact that gestational primacy (the Birth Mother is Shinning) leads to unequal parentage determinations by considering different factors for men - genetics, and women - birth.
Most States and Countries pretend to know what's best for women.
The theory goes - the women might regret giving away the baby at some point
in the future, so we will protect her, by making it against the law.
Sure, we understand that she is willing to do this BEFORE the embryo transfer, and
is BECOMING pregnant on purpose to help another couple have a child, but we the
government MUST protect her from possibly thinking it was a bad choice in the future.
The Nanny State knows what is best for you.
Where are the Gestational Surrogates Equal Protection Rights Regarding Maternity?
When a State assign maternity to the woman giving birth, this creates different procedures for establishing maternity than for paternity.
Women can't rebut maternity but men can rebut paternity.
This is an equal rights violation.
Why should the Surrogate be Compelled or forced to fulfill the role of legal mother
when she has no Genetic link to the child?
How is that in the "State's Best Interests?"
Shouldn't the State be protecting the Gestational Surrogates rights to NOT be the legal mother?
Protecting her from compelled motherhood!
The Fourteenth Amendment’s guarantee of equal protection, the Constitution’s protection of procreative choice—a fundamental right implicating Due Process—must be at least as strong when a woman decides to give birth to a child as when she decides not to do so.
This equal protection should protect the legal rights of the Genetic mother and the Gestational Surrogate.
The mere fact of giving birth cannot equal maternity without resulting in equal protection violations because men are not similarly deemed fathers in such an unequivocal manner.
We are ahead of the curve in California in that we give the Intended Parents Rights and there is a reason that almost 25% of the US Surrogacies happen in California every year, but the rest of the Nation needs to catch up with the science of reproduction.