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Legal Definitions - birth mother

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Definition of birth mother

A birth mother refers to the woman who carries a pregnancy to term and gives birth to a child. This term is primarily used in situations where there is a distinction between the biological mother and another woman who may be the child's legal or social mother, such as an adoptive parent or an intended parent in a surrogacy arrangement. It specifically highlights the biological and gestational connection.

Here are some examples illustrating the term:

  • Example 1: Adoption
    A woman named Jessica, facing difficult circumstances, makes the decision to place her newborn baby for adoption with a couple who had been hoping to start a family. While the adoptive mother will legally raise the child, Jessica is referred to as the birth mother because she carried the pregnancy and gave birth to the baby.

  • Example 2: Surrogacy
    After several years of trying to conceive, a couple, Michael and Lisa, work with a gestational surrogate named Elena. Elena carries an embryo created from Michael and Lisa's genetic material to term. Elena is the birth mother because she physically carried the pregnancy and delivered the child, even though Michael and Lisa are the genetic and legal parents.

  • Example 3: Biological Search
    Upon reaching adulthood, a young man named Daniel, who was adopted as an infant, decides to seek information about his biological origins. He uses a registry to try and connect with his birth mother, the woman who conceived and gave birth to him, to learn more about his family medical history and heritage.

Simple Definition

A "birth mother" is the biological mother of a child. This term is most commonly used in legal contexts, particularly adoption, to distinguish the woman who gave birth to the child from the child's adoptive mother.