LD 1851
pg. 8
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LR 2675
Item 1

 
ambiguous "natural father." Because one woman may be the genetic
mother of a child while another woman is the gestational mother,
for consistency the term "genetic father" was substituted for
"biological." Definitions are not supplied for such terms as
"unknown father, legal father, real father, and the like," either
because the term is self-defining or because it is ambiguous.

 
Subsection (8) was amended in 2002 to clarify that an
individual who becomes a parent through assisted reproduction as
provided in Article 7 is not a "donor." Similarly, if bracketed
Article 8, Gestational Agreement, is enacted, an individual who
is an intended parent through the procedure implemented in that
article is not a "donor." No substantive change is intended by
this clarification.

 
Subsection (9), "ethnic or racial group," relates to an
individual only for purposes of genetic testing. The genetic
tests themselves do not determine the race or ethnic group of the
individual. Rather, if a tested individual is not excluded, his
race or ethnic group provided is used in the paternity
calculations because those calculations give the most
conservative result, that is, those most favoring non-paternity.

 
Subsection (10), "genetic testing," contemplates that
paternity testing must be broadly defined to include all of the
traditional genetic tests, such as blood types and HLA (Human
Leukocyte Antigen), as well as newer DNA technologies. In the
past the term "blood test" was commonly applied to paternity
testing. However, this usage actually referred to the sample
collected; in fact, the tests were genetic tests performed on
blood samples. The Act uses the scientific term "deoxyribonucleic
acid." This is to accommodate the changes in technology used to
evaluate the DNA. Early DNA testing involved RFLP technology
(Restriction Fragment Length Polymorphism), followed by PCR
techniques (Polymerase Chain Reaction); these may be replaced by
newer technology, such as SNP (Single Nucleotide Polymorphisms).
The type of DNA technology to be employed is best left to
scientific bodies, such as accreditation agencies, see § 503(a),
infra.

 
Subsection (11), "gestational mother," is derived from USCACA
(1988) § 1(4), which employed the now-discarded term "surrogate
mother" to define the same factual circumstances dealt with in
bracketed Article 8, Gestational Agreement, infra. For purposes
of this Act, a woman giving birth to her own genetic child,
a.k.a. "birth mother," is distinguished from a "gestational
mother." The former is both a gestational and genetic mother,
while the latter also gives birth to a child, who may or may not
be her genetic child. In the Act the term "gestational mother" is
narrowly defined to restrict it to a


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