Monday, November 04, 2013
Ind. Decisions - Transfer list for week ending November 1, 2013
[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the April 12, 2013 list.]
Here is the Clerk's transfer list for the week ending Friday, November 1, 2013. It is two pages (and 20 cases) long.
- In Freddie L. McKnight, III v. State of Indiana, a May 22, 2013 opinion, transfer was granted, the NFP COA opinion was vacated, and the appeal was remanded back to the COA
- In Mayor Gregory Ballard v. Maggie Lewis, et al., 56(a) transfer was granted. See ILB here from earlier today.
I respectfully dissent from the denial of transfer. The relief the petitioner seeks would result in the court enforcing what amounts to a surrogacy agreement. Here the parties agreed that a surrogate will carry to term an anonymously-donated egg fertilized in vitro and will effectively “[w]aive parental rights [and] duties to [the] child” upon birth. Ind. Code § 31-20-1-1(6) (2008). The General Assembly has stated that such agreements are void and unenforceable. Id.; I.C. § 31-20-1-2 (2008). Though current parentage legislation does not contemplate assisted reproductive technologies, it is clear about not recognizing surrogacy agreements—and the Court of Appeals need not have made the issue more complicated than that. * * * I would therefore grant transfer and decide this case on the narrow basis of Indiana Code section 31-20-1-1, and leave it to the General Assembly to consider broader legislation to guide and protect future children and families through the still-uncharted waters of assisted reproductive technologies.Here, from the July 13th ILB, is more on the Infant T opinion.
Posted by Marcia Oddi on November 4, 2013 04:17 PM
Posted to Indiana Transfer Lists