We thank Brent Skinner, JD, Brynn Metzger-Hare, JD, Jeanne Rothaupt, PhD, and Susan Wolfgram, PhD, for their insightful comments on this article.
“Whose Child Is This?”: Determining Legal Status for Lesbian Parents Who Used Assisted Reproductive Technologies*
Version of Record online: 28 JUN 2008
© 2008 by the National Council on Family Relations
Volume 57, Issue 3, pages 365–375, July 2008
How to Cite
Hare, J. and Skinner, D. (2008), “Whose Child Is This?”: Determining Legal Status for Lesbian Parents Who Used Assisted Reproductive Technologies. Family Relations, 57: 365–375. doi: 10.1111/j.1741-3729.2008.00506.x
- Issue online: 28 JUN 2008
- Version of Record online: 28 JUN 2008
- assisted reproductive technologies;
- children’s rights;
- family law;
- lesbian parents;
- Uniform Parentage Act
Abstract: 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.