• Parental Parity: Intentional Parenthood's Promise

    Author(s):
    Melanie B. Jacobs
    Date:
    2016
    Group(s):
    MSU Law Faculty Repository
    Subject(s):
    Domestic relations, Sex and law, Families
    Item Type:
    Article
    Tag(s):
    parent, child, equality, Buff. L. Rev., FacPubs, Family law, Law and gender, Sexuality and the law, Family, Gender
    Permanent URL:
    http://dx.doi.org/10.17613/a13y-rn59
    Abstract:
    Parental Parity begins a critical dialogue regarding the reformation of legal parentage. Scholars have been advocating for more than a decade that courts and legislatures eschew traditional status based parentage (e.g., birth and biology) in the context of parentage establishment when assisted reproductive technologies (“ARTs”) are used. Parental Parity sets forth a much bolder agenda: to use intentional parenthood as the default framework to establish all legal parent-child relationships at birth. Intentional parenthood is a superior parentage establishment doctrine because it appropriately captures who should and should not be a parent. It avoids the over and under inclusive problems of traditional status based parentage. Most importantly, intentional parenthood yields parental parity: the doctrine’s neutrality prevents inherent discrimination based on gender, sexual orientation, marital status, and class. While other scholars have written about the issue of intentional parenthood, no other scholar has specifically advocated for intentional parenthood as the default basis for establishing all parent-child relationships at birth. Parental Parity represents the culmination of my previous scholarship advocating against status-based parentage and sets forth a broader agenda and proposal to reform parenthood in the 21st century.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    Attribution-NonCommercial
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