Blecher-Prigat on Contested Parentage & Relationships Between Prospective Parents

Ayelet Blecher-Prigat (The Academic College for Law & Science) has posted Conceiving Parents (Harvard Journal of Law and Gender, Forthcoming) on SSRN.  Here is the abstract: This article revisits the contested question of parentage determination upon a child’s birth and argues that the relationship between prospective parents should be a factor in recognizing or refusing to recognize an individual as a parent. According to this approach, whether the pertinent parties were involved in a committed long-term relationship or merely hooked up, or the child’s conception was the result of rape, should be considered as part of the decision regarding the status of each of them as a legal parent. Existing laws and legal scholarship have focused either on biology or on intent, but have overlooked relationships. This article does not suggest that relationships between potential joint parents be the only factor determining parentage. Rather, it suggests that…

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