Question
Law assigning legal motherhood unquestioningly to the gestating individual before birth is odd, as gestation is not mothering... Presuming the pregnant person intends to mother
"Law assigning legal motherhood unquestioningly to the gestating individual before birth is odd, as gestation is not mothering... Presuming the pregnant person intends to mother the resulting baby is a relic of a time when it was biologically impossible and socially unacceptable for people not to 'mother' their biological children, largely due to women not being recognised as equals, and being expected to bear children and raise families. Despite reinforcement through conservative societal ideals, this view is not as ingrained in society as it once was. There is increasing societal acceptance of diverse family forms."- Zaina Mahmoud, Elizabeth Chloe Romanis, 'ON GESTATION AND MOTHERHOOD' (Winter 2023) Vol 31(1) Medical Law Review, pp. 109-140
Critically assess the quote above in relation to parental responsibility in surrogacy arrangements, consider how the law works, review case law and academic publications, and determine whether the current gestational or the proposed intention-based approach to legal parenthood should be the approach used in England and Wales.
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