Parenthood by Pure Intention: Assisted Reproduction and the Functional Approach to Parentage

83 Pages Posted: 5 May 2002

See all articles by Richard F. Storrow

Richard F. Storrow

City University of New York School of Law

Abstract

In this Article, Professor Storrow articulates a theoretical foundation for extending the privilege of intentional parenthood to all individuals, regardless of their marital status. Noting the failure of traditional methods of defining parentage to resolve the parentage issues arising from the use of assisted reproduction, Storrow turns to recently enacted and proposed statutory provisions that clearly define intentional parenthood but reserve the status to married couples alone. Taking issue with the exclusionary criteria of these provisions, Storrow's analysis aligns the emerging doctrine of functional parenthood with current theories in support of intentional parenthood to demonstrate that planning and preparing for the birth of a child--not marriage--are the essential criteria in determining who is--and is not--an intentional parent.

Keywords: parentage, assisted reproduction, surrogacy, artificial insemination, functional parenthood

Suggested Citation

Storrow, Richard F., Parenthood by Pure Intention: Assisted Reproduction and the Functional Approach to Parentage. Hastings Law Journal, Vol. 53, No. 597, 2002. Available at SSRN: https://ssrn.com/abstract=310162 or http://dx.doi.org/10.2139/ssrn.310162

Richard F. Storrow (Contact Author)

City University of New York School of Law ( email )

2 Court Square
Long Island City, NY 11101-4356
United States
(718) 340-4538 (Phone)

HOME PAGE: http://www.law.cuny.edu/faculty/directory/storrow.html

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