Pregnant People?

119 Colum. L. Rev. Forum 173 (2019)

27 Pages Posted: 17 May 2019 Last revised: 8 Nov 2019

Date Written: November 4, 2019

Abstract

In their article Unsexing Pregnancy, David Fontana and Naomi Schoenbaum undertake the important project of disentangling the social aspects of pregnancy from those that relate to a pregnant woman’s body. They argue that the law should stop treating the types of work either parent can do — such as purchasing a car seat, finding a pediatrician, or choosing a daycare — as exclusively the domain of the pregnant woman. The project’s primary aim is to undermine legal rules that assume a gendered division of labor in which men are breadwinners and women are caretakers. But Fontana and Schoenbaum argue their project will also have benefits in terms of equality for expectant LGBT parents. To further this project, this Response asks what unsexing pregnancy might look like for different types of pregnant people: (1) pregnant individuals who do not identify as women, (2) expectant couples in which one partner is pregnant, (3) expectant parents engaging a surrogate or pursuing adoption, and (4) pregnant people who rely on networks of family and friends for support and caregiving. It argues that, in each of these contexts, the extension of pregnancy benefits raises a unique set of questions. But across all of these contexts, it will take more than simply making existing pregnancy rules gender neutral to achieve equality.

Keywords: Pregnancy, transgender rights, nonbinary gender, surrogacy, adoption, LGBTQ, parenting, gender, feminism, work and family

Suggested Citation

Clarke, Jessica, Pregnant People? (November 4, 2019). 119 Colum. L. Rev. Forum 173 (2019), Available at SSRN: https://ssrn.com/abstract=3375002

Jessica Clarke (Contact Author)

Vanderbilt University Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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