Nerd has said it very clearly:
The parallel situation would be if the man married a new woman, they couldn't get children and the man wanted 'his' 'old' zygotes to be born (couple of months later) by his new wife. He was pleading that this was his last chance for an own and so on, his old wife (the genetical mother) would say no and a judge declining the wish to implant the zygotes would say the genetical mother's motives should not be criticised and she too deserves sympathy. Good judge I'd say, well done. Like I say here.

Wolfgang