Also known as: mothers · motherhood · birth mother · biological mother
Written by attorneys · grounded in primary & secondary sources — see below
A woman who has given birth to, provided the egg for, or legally adopted a child.
Melanie Morris dies suddenly, leaving her young son in the care of Miles Montgomery, the child's unmarried father who had lived with them as a family unit. State officials attempt to remove the child without any hearing. The court requires a fair process to assess whether severing the father's relationship serves the child's interests.
Mason McCarthy, a birth mother, signs a pre-birth consent form in a hospital break room designating adoptive parents. After birth she seeks to withdraw the consent before any decree. The court permits withdrawal because the consent was given before the statutory time and was not in the child's best interest to enforce.
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Matthew Martinez's mother dies intestate. He seeks to inherit as her nonmarital child. The court applies equal protection principles to allow inheritance from the mother even though state law once limited such rights for illegitimate children.
Marcus Mitchell and his spouse, both men, welcome a child through assisted reproduction. One spouse is listed as the mother on the birth certificate under state recognition of their marriage. The court upholds the listing to protect the child's legal ties to both parents.
Ming Ma, a pregnant woman, seeks an abortion in the first trimester. State law imposes spousal notification requirements. The court strikes down the restriction as an undue burden on the mother's constitutional liberty interest.
Melanie Morris schedules an abortion at twenty weeks. State law requires a twenty-four-hour waiting period and detailed disclosure of risks. The court upholds the requirements as not placing an undue burden on the mother's choice.
A mother may withdraw consent before the adoption decree if withdrawal serves the child's best interest. The court must provide notice and a hearing to affected parties. After the decree, withdrawal is not permitted.
A biological mother generally holds veto power unless her rights have been terminated for unfitness or abandonment. Gender-based distinctions that deny unwed fathers equivalent rights violate equal protection when the father has established a relationship.
A woman who gives birth is presumed the legal mother. In surrogacy cases the intended parent who functions as a parent within a reasonable time after birth is treated as the mother for class-gift purposes unless a court order designates otherwise.
Due process protects a mother's custodial interests and requires individualized assessment before removing a child. Irrebuttable presumptions of unfitness based solely on pregnancy or marital status are unconstitutional.
…and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation. On the basis of elements such as these, appellant and some amici…