It was a
heartwarming gift: a woman carrying the
fertilized eggs of her cancer-stricken sister
and giving birth to triplets.
But New York
City bureaucrats tarnished the happy moment by
refusing to allow the name of the biological
mother - the woman whose eggs were used - to be
put on the birth certificates.
The city Board
of Health demanded that the woman and her
husband, whose sperm was used to fertilize the
eggs, formally adopt the children or get a DNA
test before they could be acknowledged as the
parents.
"New York is
sort of in the Dark Ages on this," said Melissa
Brisman, attorney for the family, New Yorkers
who wish to remain anonymous.
The woman who
carried the babies always insisted there was
only one mother - her sister, who could not give
birth because her uterus was removed as the
result of cancer.
But city
officials refused to bend the rules, arguing
they were designed to prevent fraud and
determine identity.
The case ended
up in state Supreme Court even before the
triplets were born Aug. 17 at a city hospital.
Justice Jane Solomon ordered that two birth
certificates be created for each baby - one with
the biological mother's name on it, and the
other a sealed document with the surrogate
mother's name.
Brisman said
the groundbreaking decision was "a victory for
reproductive rights." She added, "We don't feel
that she [the biological mother] should have to
adopt her own biological children."
City officials
are mulling an appeal. "In the absence of state
legislation dealing with these situations, the
Health Department had urged the court to require
either an adoption proceeding or genetic testing
before granting parental rights to the genetic
mother, and is considering whether to appeal the
court's ruling on that basis," Robin Binder of
the city corporation counsel's office said in a
statement.