In Deborah R. Grayson's journal article, Mediating Intimacy: Black Surrogate Mothers and the Law, she poses these questions after the case of Mark and Crispina Calvert—a white and Filipina ancestry middle-class couple—and their surrogate Anna Johnson—a working-class woman of African American descent.
- Can a woman be the mother of a child with whom she has no genetic connection?
- Or does the genetic material provided by the egg and the sperm donated to create the child determine who its natural parent or parents are?
- When does a woman become a mother--while she is pregnant or after she has delivered a baby?
- What of the bodily experience of pregnancy?
- Does a woman's participation in pregnancy--her carrying the fetus in her uterus--have any bearing on the determining factor in defining parental rights and relationships, or that custody disputes should be decided solely on the basis of the parental intent of the persons who supplied the genetic material?
- Who and what is a mother?
- Can a child have two biological mothers?
How would you answer these questions?
As you might guess, all of the questions intrigue me, but I'd like to start with the broadest one, who and what is mother. That seems to the question at the heart of the surrogacy legal debates. Does pregnancy make one a mother? Does raising children make one a mother? Johnson vs. Calvert is an interesting case because it rules that the party who intends to bring about the birth is the mother. I'd like summon some of the scholars we've read, dating back to 2nd wave, who urge us to consider the verb, not the the noun. So, what does it mean "to mother." How is the question different if we ask, "Who mothers?"
ReplyDeleteWow. I think that question further complicates everything. There's an explosion going off in my head right now. Is pregnancy part of mothering? Hm!
ReplyDeleteThat's an excellent question. That's exactly what the courts ask in cases of contested custody and surrogacy.
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