2,610. What If...?
Hilchos Shechita 13:14
Let’s say that there are two rows of eggs and the mother bird’s wings were touching the top row, or the mother bird was sitting on unfertilized eggs with fertilized eggs below them, or one female bird was sitting on another female bird, or a male bird was sitting on a nest and a female bird was sitting on the male. In all such cases, one may not take the mother bird with the young. If one took her, he must send her away, though failure to do so doesn’t render him liable to lashes.
Hilchos Shechita 13:15
If the mother bird was sitting with the chicks or the eggs but she wasn’t touching them, one need not send her away. Similarly, if the mother bird is on the side of the nest and her wings touch the nest on its side, he need not send her away.