On the Legalities of “Male Eggs” and “Female Sperm”
Modern science is moving ever closer to the reality of male eggs and female sperm, truly a reproductive breakthrough for same-sex couples seeking genetically related offspring. Already scientists have been able to artificially create sperm cells from bone marrow, and eggs from embryonic stem cells. And though the reproductive viability of each of the sperm and eggs created has yet to be formerly tested, most are optimistic that success is within reach.
However, same-sex couples should hold their excitement until after visiting some of the potential legal implications.
Political and ethical objectors may halt this scientific advancement through legislative authority. After all, though human cloning is still not outright banned by the federal government, several states have enacted bans. And while this technology exists in a legally and legislatively unexplored nebula somewhere between reproductive assistance and cloning, the scope of several states' bans could easily be interpreted to include this technology as well.
Further, artificial reproduction technologies similar to this one have been addressed on point in other countries, such as the United Kingdom's explicit ban on artificial sperm. While the United States has not legislated in such a way, it would not be surprising if it were to revisit its stance should this new science become more viable. A morally charged voting bloc could wield more than enough power to sway a Congressional majority.
Finally, perhaps the biggest hurdle comes in the form of surrogacy and adoption issues. Male same-sex couples would still require a female surrogate. Laws vary from state-to-state, but many do not recognize the legitimacy of a surrogacy contract. This means that the surrogate mother would be legally recognized as the birthmother while the sperm contributor partner would be recognized as the sole father. It would then become necessary for the second partner to adopt the child. With several prohibitions on same-sex adoption, this portion becomes murky.
It is unclear how female same-sex couples would be implicated given that one partner could carry the child and there would be no male sperm donor to be declared the "father". Unfortunately, given the gendered nature of many birth certificates, many states would still likely require that a male step forward to claim fatherhood, even though the sperm actually came from the partnered female. That both female partners would be the child's biological parents confounds this analysis. With no legal precedent, we may have to wait and see how a court would rule in the competing interests of biological parenthood and state male-female gendered parental requirements before making a conclusive determination. However, the Morals Voters still may step in at this point to complicate matters even further.
So while "male eggs" and "female sperm" may become a scientific reality in the near future, couples may have to wait much longer for them to also become legal realities. It is truly an uphill battle that same-sex parents must fight, but one that may ultimately conclude with two male or two female partners having the ability to produce genetically related offspring.
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