| | | Similarly, assisted reproduction may involve the eggs from a | | woman other than the mother--perhaps using the intended father's | | sperm, perhaps not. In either event, the new Act makes a policy | | decision to clearly exclude the egg donor from claiming | | maternity. Theoretically, it is even possible that absent | | appropriate legislation the mother could attempt to deny | | maternity based on her lack of genetic relationship. |
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| | | Finally, many couples employ a common ART procedure that | | combines sperm and eggs to form a pre-zygote that is then frozen | | for future use. If the couple later divorces, or one of them | | dies, absent legislation there are no clear rules for determining | | the parentage of a child resulting from a pre-zygote implanted | | after divorce or after the death of the would-be father. | | Disposition of such pre-zygotes, or even issues of their | | "ownership," create not only broad publicity, but also are | | problems on which courts need guidance. |
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| | | §1961.__Scope of subchapter |
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| | | This subchapter does not apply to the birth of a child | | conceived by means of sexual intercourse or as the result of a | | gestational agreement as provided in subchapter 8. |
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| | | (This is section 701 of the UPA.) |
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| | | Article 7 applies only to children born as the result of | | assisted reproduction technologies; a child conceived by sexual | | intercourse is not covered by this article, irrespective of the | | alleged intent of the parties. The bracketed clause relates to | | gestational agreements under Article 8. If a state enacts Article | | 8, the brackets should be removed. If a state does not enact | | Article 8, the bracketed subsection should be omitted. |
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| | | The brackets have been deleted because Maine adopts a revised | | version of Article 8. |
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| | | §1962.__Parental status of donor |
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| | | A donor is not a parent of a child conceived by means of | | assisted reproduction. |
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| | | (This is section 702 of the UPA.) |
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