Came across these stories at Feminine Genius. The book "Are you my mother?" is a great take-off point so I put my own version of the P.D. Eastman children's book, which a Google search yielded.
Motherless by decree
I don't think P.D. Eastman imagined in her wildest dreams what this question could dredge up legally, ethically, and medically within fifty years of the publication of her classic children's book.
[An] unmarried man, Roberto d.B, had made arrangements with an unmarried woman friend to have her eggs donated to him for the purpose of being fertilized in vitro (outside her womb). (It is unclear whether the eggs were fertilized by his sperm.) And he had made arrangements with a second woman (the "gestational carrier" or "surrogate mother") to have her carry the embryos to term. (Although the decision states she had family responsibilities, it does not state whether she was married or had sexual relations with any man during the relevant time; if she were married, there would have been an issue about whether her husband was the father of the twins.) When the second woman delivered the fraternal twins in 2001, the hospital reported her as the mother. The man sued to have her name removed and his name listed as sole parent, the father. They both argued that she had no genetic link to the children and never intended to be their mother. The trial court agreed to add his name as father, but to retain her name as mother. An appeal was taken.
So legally, now, these are two six-year-olds with no mother, birth certificates with blank spaces, and a psychological nightmare that only God can heal.
It is clear that the court implicitly held that, although the twins were delivered from the womb of this woman, she was not their mother. There can be only two reasons for so holding. One is that she did not intend to be their mother, but the court expressly states that her intent is not a factor in establishing or not establishing parentage -- any more than it is for men. The alternative justification for this implicit holding is that she was not genetically linked to the children and therefore could not be their mother.
Aint this grand. The deconstruction of gender and consequent restructuring of family and rights allow these two children to be hatched at the whim of a man with a mission to use his seed to stick it to the system.
Read the rest of Motherless by decree at Feminine Genius