34 Pages Posted: 29 Jun 2016
Date Written: May 2016
Parental Parity begins a critical dialogue regarding the reformation of legal parentage. Scholars have been advocating for more than a decade that courts and legislatures eschew traditional status based parentage (e.g., birth and biology) in the context of parentage establishment when assisted reproductive technologies (“ARTs”) are used. Parental Parity sets forth a much bolder agenda: to use intentional parenthood as the default framework to establish all legal parent-child relationships at birth. Intentional parenthood is a superior parentage establishment doctrine because it appropriately captures who should and should not be a parent. It avoids the over and under inclusive problems of traditional status based parentage. Most importantly, intentional parenthood yields parental parity: the doctrine’s neutrality prevents inherent discrimination based on gender, sexual orientation, marital status, and class. While other scholars have written about the issue of intentional parenthood, no other scholar has specifically advocated for intentional parenthood as the default basis for establishing all parent-child relationships at birth. Parental Parity represents the culmination of my previous scholarship advocating against status-based parentage and sets forth a broader agenda and proposal to reform parenthood in the 21st century.
Keywords: parent, child, family, gender, equality, paternity, discrimination, and reproductive rights
Suggested Citation: Suggested Citation
Jacobs, Melanie B., Parental Parity: Intentional Parenthood's Promise (May 2016). Buffalo Law Review Vol. 64, No. 3. Available at SSRN: https://ssrn.com/abstract=2801755