"Whose Child Is This?": Determining Legal Status for Lesbian Parents Who Used Assisted Reproductive Technologies

• Published in: Family relations Vol. 57; no. 3; pp. 365 - 375
• Main Authors: Hare, Jan, Skinner, Denise
• Format: Journal Article
• Language: English
• Published: Malden, USA Blackwell Publishing Inc 01.07.2008; Blackwell Publishing; National Council on Family Relations
• Subjects: Adoption; assisted reproductive technologies; Behavior; Biotechnology; Childbirth; Children; children's rights; Childrens Rights; Civil Rights; Civil unions; Court Litigation; Delivery Systems; Donors; Families & family life; Family (Sociological Unit); Family Law; Family life; Family Policy; Family relations; Family studies; Female homosexuality; Gays & lesbians; Gender Issues; Genetic Engineering; Guidelines; Heterosexuality; Homosexuality; Kinship; Legislation; lesbian parents; Lesbianism; Moral Values; Mothers; Ova; Parent Child Relationship; Parent Rights; Parentage; Parenthood; Parenting; Parents; Parents & parenting; Pregnancy; Public Policy; Reproductive technologies; Reproductive technology; Sexual Orientation; Social Attitudes; Social Values; Society; Sociocultural Patterns; U.S.A; Uniform Parentage Act; Women
• ISSN: 0197-6664; 1741-3729; 0197-6664
• DOI: 10.1111/j.1741-3729.2008.00506.x

Assisted reproductive technologies (ARTs) have helped heterosexuals, lesbians, and gays fulfill desires to become parents. In this article, we identify assumptions upon which parentage rights in the United States are based. Examining recent legal decisions in California concerning 3 families headed by lesbian parents who used ARTs, we find that existing law inadequately addresses the circumstances of same-gender parents. Using the concepts of child-centered analysis and moral parenthood, we build policy recommendations that can serve as guidelines for states in developing comprehensive legislation. These recommendations ensure equity in court decision making for same-gender couples and their children.