Assisted Reproduction and Parental Rights
More than ever before, Americans are turning to assisted reproduction to start their families. In this interview, leading family law expert Professor Douglas NeJaime (Yale Law School) explains how U.S. laws are attempting to catch up to this shift. Traditionally parental rights are based on the marital presumption – the parents are, by default, the woman who birthed the child and her husband. This can then result in the denial of parental rights to non-biological mothers or fathers who start a family using assisted reproduction. In these circumstances, states may assign parental rights to the egg donor, sperm donor, or surrogate, despite the intentions and sometimes written agreements of the parties. Finally, Prof. NeJaime discusses how new laws in a number of states better fit modern reproduction practices and rethinks what it means to be a legal parent.
Related Articles by Prof. NeJaime
The Nature of Parenthood – Yale Law Journal (2017)
The Constitution of Parenthood – Stanford Law Review (2020)
Other TalksOnLaw Interviews Discussed
Abandoned DNA and the Ownership of Sperm – with Prof I. Glenn Cohen (Harvard Law School)
