- Children and the Law: An Introduction
- The Regulation of Reproduction and Best Interests Analysis
- When Does a Right to Life Arise?
- “Of Sound Mind and Body”: A Call for Universal Drug Screening for All Newborns
- Legislation In Search of “Good-Enough” Care Arrangements for the Child: A Quest for Continuity of Care
- Screening Potential Parents
- Procreation and Parenting
- The ART of Parentage
- Adoption Versus Alternative Forms of Care
- Children in Fragile Families
- Protection of the Health of Newborns: Whatever Happened to Baby Doe?
- Corporal Punishment and the Law in Global Perspective
- Addressing Childhood Trauma: Phenomena as a Roadmap to Response
- Disputes over Medical Treatment for Children
- Children’s Right to Privacy
- The Child Protection System
- Contested Child Protection Policies
- How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services
- Equal Parenting Time: The Case for a Legal Presumption
- Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a Parent
- The Changing Landscape of Funding Public Elementary and Secondary Education in the United States
- School Accountability
- Race and Education: School Desegregation and Resegregation since <i>Brown</i> and Promising Avenues toward Integration
- Children’s Religious Freedom in State Schools: Exemptions, Participation, and Education
- The Supreme Court Has Spoken: The Potential Impact of Decisions Interpreting US Federal Statutes on the Education of Students with Disabilities
- Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual Model
- The Intersection between Schools and the Criminal Justice System
- Private School Regulation: Individual Rights and Educational Responsibilities
- Legislation and Religious Exemptions from Laws Protecting Children
- Considerations for Policymaking Affecting Adolescents in the Liberal Democracy
- Children and Juvenile Justice Law: The Possibilities of a Relational-Rights Approach
- Gender, Justice, and Youth Development
- Children’s Participation in Decisions about Parenting Arrangements
- Reforming Child Welfare
- The Promises and Pitfalls of Constitutionalizing Children’s Rights
Abstract and Keywords
The world of reproductive technology, including donor gametes and surrogacy, brings new challenges to identifying parents and respecting children’s rights. An intending parent—married or unmarried—is not necessarily the genetic contributor to the resulting child. And children have interests in knowing the identity of their genetic progenitors. This chapter focuses on whom the law recognizes as parents when a child has been created through assisted reproductive technology. While the chapter traces how intent has emerged as the critical factor in determining parentage, it also shows how intentional parenthood might sometimes be in tension with functional parenthood. The chapter provides a brief history of the technologies and their implications for parentage law and children’s rights to know their genetic origins. It also considers how the law might better adjust to changing technologies and family structures to produce outcomes that respect the child, rather than abstract concepts of equality—or even the parents’ interests.
Naomi Cahn is the Harold H. Greene Professor at George Washington University Law School. Her research and writing focus on gender issues in both domestic and international law. She first co-taught a Women and International Law course in 1992, at Georgetown University Law Center. With Fionnuala Ní Aoláin and Dina Francesca Haynes, she is the co-author of On the Frontlines: Gender, War, and the Post-Conflict Process (Oxford University Press, 2011). She has written or co-written numerous other books and articles, including Marriage Markets: How Inequality Is Remaking the American Family (Oxford University Press, 2014, with Professor June Carbone).
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