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User: 6 adults have 'legal' claim to a child, who should get the child?

6 adults have 'legal' claim to a child, who should get the child? I thought of this very complicated hypothetical and I'm curious to see how people resolve it.

A couple [Josh and Elsie] who are both infertile (their egg and sperm cells don't have viable DNA) would like to have a child.

They find a volunteer sperm donor [Larry] and a volunteer egg donor [Wanda] and their cells are combined in a lab to make an embryo.

The embryo is implanted into a surrogate mother [Hannah], who has a husband [Zeke]. Hannah carries the child to birth and Zeke is present the whole time as support.

However, on the day the child is born, the whole thing falls apart and now everyone wants parental custody. No binding contracts had been signed beforehand (a major oversight but it is what it is).

Josh and Elsie claim that the child belongs to them because they were the ones who set the whole plan in motion. Hannah and Zeke claim that the child should belong to them because Hannah gave birth to the child and Zeke is her marital husband. Meanwhile, Larry and Wanda coincidentally have gotten together in a common-law relationship and are now claiming the child is theirs because it's their sperm and egg that were used to create the child. No couple wants any of the other couples to have custody of the child, although they are all willing to allow the child to have some kind of "aunt and uncle" type relationship with the other couples.

So in total, the child is connected to 6 different adults who could claim to be the child's "parents" in some form. Who gets the child, and why should they have the rights to do so?

Assistant: Framed as a classroom hypothetical, this is actually a very good way to surface how family law prioritizes certain rela…

Framed as a classroom hypothetical, this is actually a very good way to surface how family law prioritizes certain relationships over others when things go wrong.

I will answer this the way I would expect students to analyze it for a US jurisdiction, knowing that details vary by state but the core principles are very consistent.

Family law does not ask who “deserves” the child or who initiated the plan. Courts first ask a threshold question:

Who are the child’s legal parents at birth?

Only after that is answered do custody and best interest analyses begin.

Without enforceable pre conception agreements, courts fall back on default parentage rules.

In nearly every US state, the woman who gives birth is presumed to be the child’s legal mother.

That presumption is extremely strong and exists even when the child is genetically unrelated to her.

Because Hannah gave birth, she is almost certainly a legal parent the moment the child is born.

This alone gives her standing that no other adult except possibly Zeke has automatically.

Because Hannah is married, Zeke benefits from the marital presumption of parentage.

Most states presume that a child born into a marriage is the legal child of both spouses, regardless of genetics.

Absent a timely and successful challenge, Zeke is presumed to be the legal father.

This presumption exists specifically to promote stability and avoid children being rendered legally parentless.

So at birth, the law almost certainly recognizes Hannah and Zeke as the child’s parents.

Larry and Wanda face the weakest position legally.

Even without a written donor agreement, courts generally treat sperm and egg donors as non parents unless there is clear evidence they intended to parent the child.

The fact that they later formed a relationship is legally irrelevant.

Intent to parent must exist at the time of conception and must be clearly demonstrated.

Absent that, courts are extremely reluctant to impose parental rights and obligations on genetic donors, especially when a child already has two legally recognized parents.

Josh and Elsie’s situation is the tragic lesson of this hypothetical.

Even though they initiated the process and intended to raise the child, intent alone does not create parentage without statutory compliance or enforceable agreements.

Courts consistently hold that good intentions do not override birth based presumptions.

They might be able to seek adoption or third party custody, but they do not start with parental rights.

At birth, the court would almost certainly recognize:

• Hannah as the legal mother • Zeke as the legal father

Larry and Wanda would almost certainly be treated as donors, not parents.

Josh and Elsie would be legal strangers to the child unless and until adoption occurred.

Custody would not even be litigated among six adults because only two would qualify as legal parents.

Everyone else would need to overcome an extremely high bar to displace them.

This outcome reflects three core policy goals:

• Protect the child from legal limbo • Favor certainty at birth • Avoid multi parent disputes absent clear legislative authorization

Courts prioritize clear, administrable rules over equitable storytelling.

That is why surrogacy statutes, pre birth orders, and written consent agreements exist. They replace default rules that otherwise produce harsh outcomes like this one.

The lesson is not “the law is unfair.”

The lesson is that assisted reproduction is contract driven law.

When people bypass those guardrails, courts revert to blunt presumptions that privilege birth and marriage over intent and genetics.

That predictability is intentional, even when it feels unjust.

If you want, I can also walk through how this hypothetical changes in states that recognize intended parent doctrines or allow more than two legal parents.

User: If you were to represent any of the other four, how would you build their cases?

If you were to represent any of the other four, how would you build their cases? Is there case law for this?

Assistant: Absolutely.

Absolutely. Here is how an attorney might try to represent each of the four adults who are not the presumed legal parents at birth under typical U.S. law. I will explain the legal theory for each, how they might frame arguments, and what case law or doctrines could support their positions.

I am not offering legal advice. This is a hypothetical legal analysis.

1. Josh and Elsie (Intended Parents)

Core argument:

They would argue that they were the intended or psychological parents and that the law should recognize “intent” over biology or gestation.

Legal theory:

Many states recognize “intent-based” parentage in assisted reproduction cases. Under statutes or case law, the people who intended to parent the child can be declared legal parents even if they are not genetically related. For example:

• In In re Marriage of Buzzanca, the California Supreme Court held that intended parents in a surrogacy arrangement could be the legal parents if the surrogate had no genetic link and the parties intended the child to be raised by the couple.

• Some states have parentage statutes that allow intended parents to be listed on the birth certificate if there was an agreement.

Potential arguments:

• Contract formation even without writing: They could argue that the pattern of behavior and mutual understanding created a binding oral agreement.

• Equitable estoppel: Because everyone acted as though Josh and Elsie were the intended parents, it would be unjust to deny them parental status.

• Best interests of the child: They planned and prepared for this child, which may influence the court’s view.

Weaknesses:

• Many states require written agreements for assisted reproduction.

• Without a signed surrogacy contract, statutory protections may not apply.

2. Larry and Wanda (Genetic Parents)

Core argument:

They would argue that biology matters and genetic ties should confer parental rights.

Legal theory:

The U.S. Supreme Court has recognized that biological parental rights are fundamental and cannot be overridden without strict scrutiny (Stanley v. Illinois). Many courts have recognized that sperm/egg donors have parental rights unless there is a valid donor agreement.

Potential arguments:

• Biological parenthood is a fundamental liberty interest.

• There was no express written agreement relinquishing their parental rights.

• Consent to use sperm and egg in reproduction is not the same as consenting to be a donor without rights.

• Psychological attachment: If Larry and Wanda have bonded or want to bond, that may influence the best interest analysis.

Case law examples:

• Troxel v. Granville: Parental rights that are rooted in biology get strong constitutional protection.

• Some U.S. cases have held that sperm donors who do not meet statutory donor requirements may be parents.

Weaknesses:

• Many states treat donors as non parents if donation was consensual and intended for reproduction by others.

• Courts often subordinate genetic ties to gestational/legal parent status.

3. Hannah (Gestational Carrier)

Core argument:

Because she carried and gave birth, she has a strong claim to parenting the child.

Legal theory:

Child born to a woman is presumed to be her legal child in virtually all jurisdictions. Absent a pre birth order or valid surrogacy contract, the birth mother’s parental rights are very strong.

Potential goals:

• Sole custody.

• Joint custody with Zeke.

Arguments:

• Presumption of maternity.

• Bond formed during pregnancy.

• Best interests of the child may favor continuity of caregiving.

Case law / doctrine:

Maternity presumption is almost universal. Many courts reject gestational surrogacy absent contracts because the surrogate has rights.

Weaknesses:

• She agreed to be a surrogate, which could be interpreted as waiving parental rights.

• Others might argue protecting the intention of the original parents.

4. Zeke (Husband of the Birth Mother)

Core argument:

He would argue that as the husband of Hannah at birth, he is the presumed legal father.

Legal theory:

Most states have a marital presumption of paternity: a child born to a married woman is presumed to be the child of her husband.

Potential arguments:

• Family Code marital presumption statutes.

• Best interests of the child to have parental stability.

• Join custody with Hannah as a two parent family.

Case law / doctrine:

• Marital presumption is historically rooted in the presumption that husband and wife are the parents of children born during marriage.

• Some family codes specify a timeline to rebut the presumption; Zeke may be able to rely on it if no timely rebuttal occurred.

Weaknesses:

• If evidence is clear that he is not biological and did not intend to be a parent, some states permit rebuttal, but many do not permit automatic rebuttal for surrogacy without consent.

How these claims interact

Default parentage rules in the U.S.:

1. Birth mother is legal mother.
2. Husband of birth mother is presumed father.
3. Genetic contributors generally are not treated as parents if their donation was intended to be anonymous or without rights.
4. Intended parents can be recognized if there is a valid agreement under statute or case law.

Without written agreements, the default is very rigid. That is why these disputes become about competing presumptions and doctrines.

Example cases

These are illustrative principles that tend to be cited:

Buzzanca (California Supreme Court) Intended parent doctrine for surrogacy with no genetic connection but clear intent to parent.

Stanley v. Illinois Biological parenthood is a fundamental liberty interest.

Troxel v. Granville Parents have fundamental rights to childrearing.

Uniform Parentage Act (UPA) and its revisions Defines presumptions and legal parentage for assisted reproduction in many states.

Many states require written surrogacy contracts for intended parents to acquire parentage. Without them, courts fall back on the three presumptions described above.

Likely legal path forward

If I represented any of the four, I would:

• File a parentage action as soon as possible.

• Seek custody with a concurrent request for visitation for all others.

• Emphasize best interests of the child only after parentage is established.

Each side will make constitutional and statutory claims. The court will likely see this as unsettled territory but bound by statutory frameworks.

If you want, I can walk through step by step how a custody hearing would proceed or show how the Uniform Parentage Act treats each role.