What is presumed about a child born to a surrogate within 300 days of assisted reproduction?

The presumption regarding a child born to a surrogate within 300 days of assisted reproduction is that the child is presumed to be the product of assisted reproduction. This stems from the legal framework established in New York and under the Uniform Parentage Act, which recognizes the specific circumstances surrounding children conceived through assisted reproductive technologies.

When a child is born within this timeframe, it indicates a direct association between the methods of assisted reproduction typically utilized, such as artificial insemination or in vitro fertilization, and the child's conception. This presumption serves to clarify issues of parentage and helps to establish legal parental rights for intended parents as well as to protect the interests of the child.

In contrast, the other options inaccurately represent the legal presumptions surrounding children born through surrogacy. The presumption that a child is the biological child of the surrogate does not hold because surrogates are often not biological mothers but rather carry the child for the intended parents. The notion that custody is automatically given to the surrogate discredits the established legal processes that determine custody based on the welfare of the child and the intentions of the involved parties. Similarly, the idea that the child has no legal parental recognition overlooks the provisions in family law that afford children legal rights and recognition from their