INDIANAPOLIS – The biological parents of a child born to a surrogate mother are challenging an Indiana court ruling that held she was the baby’s legal mother.
The state Court of Appeals will hear arguments in the case Thursday in Indianapolis.
A trial court judge denied the biological parents’ petition to establish paternity and maternity for the child, ruling that “Indiana law does not permit a non birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother.”
The surrogate mother filed an affidavit in support of the biological parents’ petition.
The biological parents appealed, arguing that the paternity statute denies women equal protection and should be declared unconstitutional.
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