Disputed Conceptions of Motherhood

Forthcoming, Oxford Handbook of Feminism and Law in the U.S. (Deborah Brake, Martha Chamallas & Verna Williams, eds.)

U of Colorado Law Legal Studies Research Paper No. 21-5

25 Pages Posted: 12 Jan 2021 Last revised: 10 Mar 2021

Date Written: December 9, 2020

Abstract

This chapter, which will appear in the Oxford Handbook of Feminism and Law in the U.S. (Deborah Brake, Martha Chamallas & Verna Williams, eds.), examines feminist efforts to disentangle womanhood, biological motherhood, and social motherhood in order to promote equality in the law. It argues that this approach has produced important feminist influence and results in some areas of law but has led to a lack of feminist influence in areas where biological and social motherhood overlap, such as parental rights, reproductive technology, and surrogacy. Just as the law needed a theoretical boost that went beyond gender neutrality to see the gendered harm of sexual harassment at work, it needs a feminist account of pregnancy and birth that recognizes that these biological processes have social, relational dimensions.

Keywords: motherhood, surrogacy, adoption, ART, parental rights, feminism

Suggested Citation

Hendricks, Jennifer S., Disputed Conceptions of Motherhood (December 9, 2020). Forthcoming, Oxford Handbook of Feminism and Law in the U.S. (Deborah Brake, Martha Chamallas & Verna Williams, eds.), U of Colorado Law Legal Studies Research Paper No. 21-5, Available at SSRN: https://ssrn.com/abstract=3745445 or http://dx.doi.org/10.2139/ssrn.3745445

Jennifer S. Hendricks (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
303-735-5453 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=486

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