Legal Opinion · Dissent

In re the Paternity & Maternity of Infant T.

Indiana Supreme Court

Decided November 1, 2013No. 67A05-1301-JP-36Published

1DissentRush, J.

I respectfully dissent from the denial of transfer. The relief the petitioner seeks would result in the court enforcing what amounts to a surrogacy agreement. Here the parties agreed that a surrogate will earry to term an anonymously-donated egg fertilized in vitro and will effectively "[wlaive parental rights [and] duties to [the] child" upon birth Ind.Code § 31-20-1-1(6) (2008). The General Assembly has stated that such agreements are void and unenforceable. Id.; I.C. § 31-20-1-2 (2008). Though current parentage legislation does not contemplate assisted reproductive technologies, it is…

2Cases cited3 opinions

  1. Straub v. B.M.T. Ex Rel. ToddIndiana Supreme Court · 1994
  2. In the Matter of the Paternity and Maternity of Infant T.Indiana Court of Appeals · 2013
  3. Marion County Division of Indiana Department of Child Services v. S.M.Indiana Supreme Court · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API