The New Frontier of Advanced Reproductive Technology: Reevaluating Modern Legal Parenthood

34 Pages Posted: 9 Jul 2013 Last revised: 20 Feb 2014

See all articles by Yehezkel Margalit

Yehezkel Margalit

Netanya Academic College; New York University School of Law

Orrie Levy

The Office of the Bronx County District Attorney

John Loike

Columbia University - Irving Medical Center

Date Written: July 5, 2013

Abstract

Assisted reproductive technologies (ARTs) have challenged our deepest conceptions of what it means to be a parent by fragmenting traditional aspects of parenthood. The law has been slow to respond to this challenge, and numerous academic articles have proposed models for adapting parentage laws to ARTs. In the coming years, however, scientific advancements in reproductive technologies, such as somatic cell nuclear transfer and stem cell technologies, will challenge both parentage laws and proposed legal models for traditional ARTs in new and fascinating ways. For instance, these advanced technologies could allow two women to create a child without any male genetic contribution, or six parents to all contribute genetically to the creation of a child. This article explores the relationship between advanced reproductive technologies and current paradigms for establishing parentage, and, depending on the specific technology, argues that these technologies either reinforce traditional biological parental paradigms or demand greater reliance on intentional parenthood to determine legal parentage.

Keywords: fatherhood, motherhood, family/contract law, intentional parenthood, intended parent, surrogacy, surrogate mother, IVF, artificial insemination, egg/ovum donor, semen donation, AID, same-sex, stem cell technology, multiple parentage, somatic cell nuclear transfer, enucleated egg, embryo

Suggested Citation

Margalit, Yehezkel and Levy, Orrie and Loike, John, The New Frontier of Advanced Reproductive Technology: Reevaluating Modern Legal Parenthood (July 5, 2013). 37 Harvard Journal of Law and Gender 107 (2014), Available at SSRN: https://ssrn.com/abstract=2290702

Yehezkel Margalit (Contact Author)

Netanya Academic College ( email )

Netanya

New York University School of Law ( email )

Orrie Levy

The Office of the Bronx County District Attorney ( email )

198 East 161st Street
Bronx, NY 10451
United States

John Loike

Columbia University - Irving Medical Center ( email )

630 West 168th Street, 3rd Floor, Suite 3-470
William Black Building, 8th Floor BB8-801C
New York, NY NY 10032
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
272
Abstract Views
2,241
Rank
210,691
PlumX Metrics