Case 2: 6-cv-00742-0DW-AFM Document 77 Filed 04/28/16 Page 1 of 17 Page ID #:1641 1 BUCHALTER NEMER A Professional Corporation 2 Michael W. Caspino (SBN: 171906) Email: [email protected] 3 18400 Von Karman Avenue, Suite 800 Irvine CA 92612-0514 4 Telephone: (949) 760-1121 Fax: (949) 720-0182 5 THE CASSIDY LAW FIRM 6 Harold J. CassidY.* (NJ SBN: 011831975) Email: [email protected] 7 750 Broad 'Street, Suite 3 Shrewsbury, NJ 07702 8 Telephone: (732) 747-3999 Fax: (732) 747-3'944 9 *Admitted Pro Hac Vice 10 Attorneys for Plaintiff, MELISSA KAY COOK Individually and 11 MELISSA KAY COOK as Guardian ad Litem of Baby A, Baby B and Baby C 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 LOS ANGELES DIVISION 15 MELISSA KAY COOK Individually and Case No. 2:16-cv-00742 ODW(AFMx) 16 MELISSA KAY COOK as Guardian ad Litem of Baby A, Baby B, and Baby C, DECLARATION OF BARBARA 17 KATZ ROTHMAN, Ph.D. PURSUANT Plaintiffs, TO 28 U.S. C. § 1746 18 vs. Date: May 23, 2016 19 Time: 1:30 p.m. EDMUND G. BROWN, JR., Governor of Courtroom: 11 20 the State of California, et al., Judge: Hon. Otis D. Wright, II Tria1 Date: None Set 21 Defendants. Action Filed: 2/2/16 22 23 24 25 26 27 28 BUCHALTER NEMER A PJWF£SSLONAL CORfllJ:ATlON l0~ A!-:GEL'ES DECLARATION OF BARBARA KATZ ROTHMAN, Ph.D. PURSUANT TO 28 U.S.C. §1746 BN 2066152lvl Case 2: 6-cv-00742-0DW-AFM Document 77 Filed 04/28/16 Page 2 of 17 Page ID #:1642 1 BARBARA KATZ ROTHMAN, Ph.D., being of full age, deposes and says: 2 QUALIFICATIONS 3 1. I am a professor of sociology at the City University of New York, 4 where I serve on the Doctoral Faculties in Sociology, Women's Studies and Public 5 Health, and on the undergraduate level at Baruch College in the Department of 6 Sociology and Anthropology. I teach and write in the area ofbio-ethics with an 7 emphasis on issues relating to pregnancy, motherhood, and the mother-child 8 relationship. My Curriculum Vitae is attached to this Declaration and marked as 9 Exhibit A. 10 2. My sociological study of women and motherhood dates back to my 11 studies as a Master's student. I continued those studies and graduated with a Ph.D. 12 in Sociology from New York University in 1979 with the Dissertation Title: Two 13 Models ofMaternity Care: Defining and Negotiating Reality. 14 3. From 1977 to the present, I have written extensively on the issues of 15 pregnancy, motherhood, biomedical ethics, and surrogacy motherhood 16 arrangements. Within three years of obtaining my Ph.D., I authored my first book: 17 In Labor: Women and Power in the Birthplace. Since that time, I have single- 18 authored five other books, and co-authored two additional books. Several of these 19 works have been translated and published internationally in the United Kingdom, 20 Germany, Finland and Japan. In addition, an original book comprised of my 21 translated essays has been published in Germany. The central focus of these works 22 is the bioethical issues relating to women, particularly the treatment of women 23 during pregnancy and in their role as mother. I have authored over 40 papers in 24 professional journals and approximately 65 book chapters. I have also written 25 several reports and monographs, dozens of book reviews, and more than 40 other 26 publications. In addition to my role as author, I have also edited several works on 27 these topics. In 1993 I served as the Editor for The Encyclopedia of Childbearing: 28 Critical Perspectives. In 2008 I co-edited Bioethical Issues, Sociological BUCHALTER NEMER A r~onss1oNAL Co&PCII'.nlo:-.: 2 DECLARATION OF BARBARA KATZ ROTHMAN, Ph.D. PURSUANT TO 28 U.S.C. §1746 BN 20661521vl Case 2: 6-cv-00742-0DW-AFM Document 77 Filed 04/28/16 Page 3 of 17 Page 10 #:1643 1 Perspectives, and from 2006 to 2013, I was the Series Editor for Advances in 2 Medical Sociology. 3 4. Throughout my career, I have presented papers and participated in 4 seminars to speak about reproductive technologies, the human genome project, pre­ S natal testing and midwifery and birth .. I have spoken throughout the U.S., including 6 at Wesleyan University, Virginia Tech, University of California at Los Angeles, 7 and Yale University, to name a few. I have also been invited to speak at 8 international venues, including conferences and universities in Canada, the United 9 Kingdom, Germany, the Netherlands, Australia, New Zealand, Scotland and the 10 national Midwives Association of Japan. 11 5. In addition, I have also maintained several external faculty 12 memberships. In 1995, I was awarded a highly competitive Fulbright 13 Professorship, chosen by the Fulbright Committee, to the University of Groningen 14 in The Netherlands. While there I taught Medical Sociology and research methods, 15 and conducted research (a monograph called "Spoiling the Pregnancy" was 16 published by the Dutch Midwives' association). In 2002, I was honored with the 17 prestigious Maria Goeppert Mayer Professorship at the University of Osnabrueck in 18 Germany. Universities throughout Germany present candidates, Osnabrueck 19 nominated me, and that nomination was confirmed. While there, I conducted a 20 number of seminars, including issues in Bioethics. From 2002 - 2014, I was a 21 Visiting Professor at Charite Universitatsmedizin Medical School and Hospital in 22 Berlin, Germany, where I taught the Reproductive Health Module for the 23 International Masters in Health and Society. In 2003, I was honored with a 24 Leverhulme Professorship at Plymouth University. Those professorships are 25 awarded to an eminent researcher outside of the United Kingdom. From 2007 - 26 2015, I served as a Visiting Professor and taught the Sociology module of the 27 International Midwifery Pre-registration Program at Ryerson University in Toronto, 28 Canada. BUCHALTER NEMER A rRoHSSJONAl CnJ:rCIR.UJO~ LC'~ ANc:ElE~ 3 DECLARATION OF BARBARA KATZ ROTHMAN, Ph.D. PURSUANT TO 28 U.S.C. §1746 BN 2066152lvl Case 2: 6-cv-00742-0DW-AFM Document 77 Filed 04/28/16 Page 4 of 17 Page ID #:1644 1 6. For over three decades, I have contributed to various professional 2 societies, including the American Sociological Association, the British Sociological 3 Association, and the Council for Responsible Genetics. In 1993-94, I served as 4 President of the Society for the Study of Social Problems, and in 1997-98, I was the 5 President of Sociologists for Women in Society. I am the current President of the 6 Eastern Sociological Society for the 2015-16 term. 7 7. I have also received numerous professional honors. In 1979, I 8 received the Pericles Foundation A ward from the Society for the Study of Social 9 Problems which is awarded to the most promising Doctoral student. In 1987, 10 Baruch College honored me with the President's Award for Excellence in Research. 11 In 1988, I was given the Cheryl Miller Lectureship of Sociologists for Women is 12 Society. In 1991, I received the Jesse Bernard Award of the American Sociological 13 Association, which honors one of the foremost feminist sociologists; I received the 14 award for my book Recreating Motherhood. In 1996, I received the Mentoring 15 Award from Sociologists for Women in Society, which recognized my work with 16 doctoral students and young scholars in the discipline. In 1998, the Southern 17 Sociological Society gave me an Award for the Promotion of Human Welfare. In 18 2006, I received the Lee Founders Award of the Society for the Study of Social 19 Problems, which is given to someone whose career represents the best of what the 20 organization believes sociologists can do. In the years 2006 through 2008, I was 21 given the Independent Investigator Award by the Robert Wood Johnson 22 Foundation. In 2012, the Midwives Alliance of North America presented me with 23 the Career Award for Midwifing and Midwives. 24 8. As summarized above, I have over 35 years of professional experience 25 concerning bio-ethics, particularly as it relates to pregnancy, motherhood, and the 26 mother-child relationship. 27 28 BUCHALTER NEMER A r~oHSSlONAL Cru;r(li'ATJON 4 DECLARATION OF BARBARA KATZ ROTHMAN, Ph.D. PURSUANT TO 28 U.S.C. §1746 BN 2066152lvl Case 2: 6-cv-00742-0DW-AFM Document 77 Filed 04/28/16 Page 5 of 17 Page ID #:1645 1 OPINIONS EXPRESSED AND THE REASONS AND BASES FOR THEM 2 I. Pregnancy Involves a Mother-Child Relationship and Not the Housing of 3 Embryos and Fetuses 4 9. A pregnant woman is actively mothering in the pregnancy, and not 5 'standing in' for someone else as the language of surrogacy would imply. A 6 pregnant woman is not a surrogate for, but an actual mother to the baby in her body, 7 no matter the source of the egg or the sperm. The mother and the baby she holds 8 within her are in a direct, interactive and social relationship. The actions and 9 behavior of each has consequences for the other. 10 10. The typical discussion of maternal-fetal relationship focuses on the 11 potential of harm from the pregnancy to the fetus - the pregnant woman is 12 understood to be constantly at risk of putting her fetus at risk. 1 And there is a logic 13 to this: fetal life is indeed a time of enormous vulnerability, and the environment of 14 the pregnant woman is the environment of the fetus within.