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I. INTRODUCTION 345 II. ASSISTED REPRODUCTIVE 347 TECHNOLOGIES: A BRIEF OVERVIEW A. PROCEDURES EMPLOYED 347 IN ASSISTED REPRODUCTIVE TECHNOLOGIES B. POTENTIAL RISKS TO OFFSPRING 348 C. ATTEMPTS TO CREATE A [...]

New York's Child–Parent Security Act (CPSA) legalized compensated gestational surrogacy and created a simpler way for parents to establish their parental rights when utilizing assisted reproductive technology (ART). While this was a substantial step forward from past antiquated law, the CPSA continues to heavily regulate compensated genetic, otherwise known as traditional, surrogacy making it challenging to use. The CPSA infringes upon the right to procreate by limiting the ART methods available to those wanting to start a family. This Note proposes an amendment to the current CPSA, including the legalization of compensated traditional surrogacy in New York. Key points for the family law community: Traditional surrogacy agreements are declared contrary to the public policy of New York State and are void and unenforceable.Parties to a compensated genetic surrogacy agreement are subject to a civil penalty of up to $500.It is estimated that from 1999 to 2013, around 18,400 babies were born through surrogacy worldwide.The New York law on surrogacy explicitly does not apply to a woman who uses her own egg to conceive.There is currently no federal regulation of compensated surrogacy, and laws vary from state to state on legal surrogacy types. [ABSTRACT FROM AUTHOR]

Assisted reproduction has become increasingly widespread in the United States, with 73,602 children born using assisted reproductive technologies (ART) in 2020 alone. Yet, as of late, ART has not fostered much mainstream feminist action or extensive contemporary discourse within feminist legal theory. This raises the questions that motivate this Note: What has led to feminist ambivalence toward assisted reproduction? Is assisted reproduction a feminist issue? This Note argues that the past decade is marked by a feminist ambivalence toward assisted reproduction. First, this Note suggests that this ambivalence is apparent in the lack of specifically feminist legal theory on assisted reproduction. This Note provides an overview of writing by Dorothy Roberts, Douglas NeJaime, and Courtney Joslin, who it argues have written the most influential contemporary scholarship on assisted reproduction. Next, this Note theorizes that assisted reproduction has never become a mainstream feminist issue because it has (1) historically divided feminists; (2) pitted feminists against LGBTQ+ activists; and (3) because feminist attention has not proven to be necessary for, and in fact may attract controversy towards, the passage of permissive-ART legislation. Finally, bolstered by a synthesis of ideas from Roberts, NeJaime, and Joslin, this Note argues that ART is a feminist issue, and should be considered as such because assisted reproduction is (1) deeply intertwined with reproductive justice; (2) requires a feminist perspective to ensure ART legislation does not interfere with individuals' right to bodily autonomy; and (3) because ART has the feminist potential to reframe reproductive labor and family structures., INTRODUCTION 160 I. CONTEMPORARY LEGAL SCHOLARSHIP ON ASSISTED REPRODUCTION 162 A. Dorothy Roberts 162 B. Douglas NeJaime 163 C. Courtney Joslin 164 II. WHAT LED TO CONTEMPORARY FEMINIST AMBIVALENCE TOWARDS [...]

It is popularly believed that false paternity rates are 10-30%, and that thousands of unsuspecting men are supporting children who are not theirs. These reported rates of false paternity have become urban legend, demonizing women as over-sexualized partners who shouldn't be trusted. This in turn has influenced laws regarding paternity, which have evolved to allow men to disestablish paternity years after a child's birth, even when there has been an adjudication or acknowledgment of paternity. This article argues that society should be cautious about elevating science as the highest consideration in truth claims about paternity. It examines the incoherent and inconsistent nature of family law concerning paternity challenges, and it illustrates ways modern cases elide the reasons a woman might keep paternity questions secret--for instance, when women have been subjected to domestic violence or sexual assault. Challenges to paternity involve complex factors which should not be reduced to the results of a DNA test., I. INTRODUCTION A. Moral Panics and Rates of False Paternity B. Incoherent Family Laws on Paternity Fraud II. OVERVIEW A. A Modified-Foucaultian Approach to Today's Laws B. Absence of the [...]

I. INTRODUCTION U.S. society is changing. Just turn on the television and see. Each week, millions of devoted fans tune in to shows like 'Modern Family' and 'The New Normal,' [...]

'When it comes to parenting, three's a crowd.' (1) INTRODUCTION While 'family life' remains an important source of joy for the vast majority of Americans, (2) the shape and structure [...]

I. INTRODUCTION Consider the hypothetical situation of two six-year-old children, Abby and Molly. Since their conception, two loving, involved, and dependable parents have raised Abby and Molly. Abby and Molly [...]

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. [ABSTRACT FROM AUTHOR]