Roberto of Maryland, a single man, decided that he wanted to have a child. On December 18, 2000, he arranged for in vitro fertilization with his sperm of two eggs from an unrelated woman donor. On December 20, 2000, he arranged for the eggs to be implanted in a second unrelated woman. Twins were born on August 23, 2001.
The hospital usually lists the birth mother on the birth certificate, but both the father and the birth mother petitioned the Circuit Court for Montgomery County, Maryland, to leave the mother’s name off. The judge denied the petition based on best interests of the child.
The Maryland Court of Appeals reversed and said that Maryland’s Equal Rights Act required the court to apply the state paternity statutes equally to men and women. Since men have a right to deny paternity under the statute, women have the same right to deny parentage. In Re: Roberto d. B. , MdCA No. 02-110 (May 16, 2007).
The result is that these twins have a father but no legal mother.