"Whose Child Is This?": Determining Legal Status for Lesbian Parents Who Used Assisted Reproductive Technologies*

In: Family relations, Volume 57, Issue 3, p. 365-375

Abstract

Abstract: Assisted reproductive technologies (ARTs) have helped heterosexuals, lesbians, and gays fulfill desires to become parents. In this article, we identify assumptions upon which parentage rights in the United States are based. Examining recent legal decisions in California concerning 3 families headed by lesbian parents who used ARTs, we find that existing law inadequately addresses the circumstances of same‐gender parents. Using the concepts of child‐centered analysis and moral parenthood, we build policy recommendations that can serve as guidelines for states in developing comprehensive legislation. These recommendations ensure equity in court decision making for same‐gender couples and their children.