New legal rights granted parents of surrogate twins

Associated Press

BOSTON — In a ruling aimed at bringing the law in line with advances in science, Massachusetts’ highest court unanimously declared Friday that a couple whose twins were born to a surrogate mother were the children’s legal parents from the moment of birth.

The Supreme Judicial Court, in a 7-0 ruling, urged the Legislature to enact laws to address "the medical, legal and ethical aspects" of new types of reproductive technology.

Marla and Steven Culliton had gone to court before the twins’ July 23 birth, asking that their names be put on the original birth certificates. A Family Court judge refused to allow it, but ordered that the birth certificates be left blank until the issue was settled.

The high court’s decision Friday allows the Cullitons’ names to appear on the original birth certificates.

Up to now, in Massachusetts, as in many other states, only the woman who gives birth is presumed to be the mother and can have her name on the original birth certificate. The genetic parents then have to go to court to obtain a new birth certificate with their names on it. They sometimes need to adopt their own child.

But Justice John Greaney, writing for the court, said existing adoption laws were not written to address situations like the Cullitons’.

In agreeing with the Cullitons, the court noted they were the sole genetic parents of the children, that the surrogate agreed with their request, and that no one, including the hospital, contested the complaint.

The Cullitons hired the surrogate after Marla Cullion suffered six miscarriages. The woman was implanted with an embryo created from the couple’s sperm and egg.