right to motherhood

Arizona Revised Statutes § 41-1612 establishes a community treatment program for women who give birth while incarcerated, allowing eligible mothers to live with their children in a nonprofit-operated community treatment center as an alternative to incarceration, subject to public safety and available funding. The statute requires the department of corrections to adopt rules governing eligibility and participation and limits eligibility to women scheduled for release within five years.

In Hema Vijay Menon v. State of Maharashtra, Hema Vijay Menon, a government lecturer, lost her only son and later chose to become a mother again through surrogacy after unsuccessful IVF attempts. When she applied for maternity leave under the Maharashtra Civil Services (Leave) Rules, 1981, the government denied the request, stating that the rules did not provide for maternity leave in cases of surrogacy.

Judgment T-420/92 on the right to education and fundamental rights, Constitutional Court of Colombia (1992)

Judgment T-468/18 Protected Person v. First Mixed Family Court of Filadelfia and the Colombian Institute of Family Welfare, Caldas Regional, Eastern Zonal Center, Constitutional Court of Colombia (2018)

File: T-6.607.437

The plaintiff sued his wife, the defendant, to have his name as the father removed from a birth certificate. The child was born through the use of assisted reproductive technology (“ART”).