Is Assisted Procreation an LGBT Right?

61 Pages Posted: 27 Jan 2017 Last revised: 25 Sep 2019

See all articles by Michael Boucai

Michael Boucai

University at Buffalo Law School

Date Written: December 13, 2016

Abstract

A movement long identified with the notion that “love makes a family” today flirts dangerously with the dogma that “blood is thicker than water.” Biogeneticism, an ideology that favors biological modes of kinship and genetic conceptions of identity, informs many LGBT individuals’ choices about why and how to have children. In turn this ideology marks two troubling features of political efforts to facilitate LGBT parenthood: first, the markedly different understandings of equality — full versus formal, lived versus legal — that guide movement approaches to assisted procreation and adoption, respectively; and second, invocations of a fundamental “right to procreate” that valorize reproduction, idealize a biological model of parenthood, and threaten to entrench biogenetic bias in family law and constitutional doctrine.

Keywords: reproductives technologies, assisted reproductive technology, right to procreate, LGBT, gay, lesbia, bisexual, transgender, reproduction, procreation, biogeneticism, biologism, kinship

Suggested Citation

Boucai, Michael, Is Assisted Procreation an LGBT Right? (December 13, 2016). Wisconsin Law Review, Vol. 2016, No. 6, 2016; University at Buffalo School of Law Legal Studies Research Paper No. 2016-42. Available at SSRN: https://ssrn.com/abstract=2906503

Michael Boucai (Contact Author)

University at Buffalo Law School ( email )

SUNY Buffalo Law School
413 O'Brian Hall
Buffalo, NY 14260-1100
United States

HOME PAGE: http://www.law.buffalo.edu/faculty/facultyDirectory/BoucaiMichael.html

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