INDIANAPOLIS -- A northern Indiana woman who said she donated the egg to conceive a child that was carried by her sister can have her name listed as mother on the boy's birth certificate if she can prove in court that she is his biological mother.

The Indiana Court of Appeals issued the ruling Wednesday in the case of the child referred to in documents as Infant R.

The husband and wife in the case donated sperm and egg that were combined in vitro, and the embryo was implanted in the wife's sister, who gave birth

A Porter circuit judge had denied the woman's maternity petition, saying that the birth mother was the legal mother under state law.

The Court of Appeals ruled that DNA should determine who is the child's legal mother.

The ruling said that means the woman known as V.G. in court records must be given the chance to prove in court that she is the child's mother.

Among the 50 states, 35 do not have laws governing surrogate cases.

Indiana and Kentucky consider surrogacy contracts voids, but do not penalize parents involved, while Michigan voids the contracts and punishes those involved with a fine of $50,000 and five years in prison.

Illinois allows surrogate contracts, but requires parents have a genetic relationship with the child, while the practice is banned in Arizona and Washington, D.C.