This picks up from yesterday’s post–read that first.
Consider the position of the hospital when Carolyn Savage gives birth. The hospital is obliged to prepare a certificate of live birth. Suppose there is a blank for “mother” on the birth certificate. What name should go in that blank?
I am fairly sure that the ordinary practice is to fill in the name of the woman who just gave birth. If the Savages want to put some other name on the certificate (like the name of the woman whose egg was used and who will parent the child), should the hospital let them do that? Should it require them to produce some sort of document instructing it (the hospital) to do so or should it just take any name they offered?
I’m thinking that women who give birth probably can’t just offer up any name to substitute for their own on the certificate. That would lead to many problems. This makes me think that some sort of action–legal action–would need to be taken to instruct the hospital to enter a different name on the certificate.
I’ve written about birth certificates a number of times before, generally either in the context of adoption or same-sex parenting. (And then usually lesbian parents.) Some of the comments on the earlier post suggested that birth certificates need to tell the truth about what really happened. If you take that view, what does belong on the birth certificate that will eventually be issued in this case?