19 Pages Posted: 13 Jun 2010 Last revised: 8 Jan 2015
Date Written: June 11, 2010
Until recently, when a lesbian couple had a child through artificial insemination, only one member of the couple was considered the legal parent of the resulting child at the moment of birth. Today, in a small but growing number of states, this is no longer the case. Instead, in this small group of states, from the moment of birth, both members of the couple are treated as legal parents of a child born to the couple through artificial insemination. While this advancement in state law is tremendously important for many children, the resulting protections are extremely tenuous. These children are assured protection only so long as they and their families remain in one place, never crossing state lines. This essay explores why this legal vulnerability exists and offers a proposal for mitigating this potentially harmful state of affairs.
Keywords: Assisted Reproduction, Assisted Reproductive Technology, Parent, Child, Parentage, Interstate Recognition, Full Faith and Credit, Same-Sex, Lesbian, Gay, Marriage, Judgment, Surrogacy, Birth Certificate
Suggested Citation: Suggested Citation
Joslin, Courtney G., Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines (June 11, 2010). 4 Harvard Law & Policy Review 31 (2010); UC Davis Legal Studies Research Paper No. 218. Available at SSRN: https://ssrn.com/abstract=1623861