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Definition Biological Mother - the female who provides the genetic material for the child, not necessarily the gestational carrier.
Application in Divorce The court will look towards the biological mother and father first in making and custody decisions and determining a child support order. In cases where a biological parent is unknown, a paternity test is often ordered by the court to determine this. If a biological parent is unfit or unwilling to care for a child, the court will seek a resolution that is in the best interest of that child. This may resolved by, but is not limited to, granting custodial rights to a grandparent, relative, or foster care.

See also Gestational Carrier and ART.

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