Determining Legal Parenthood by Agreement as a Possible Solution to the Challenges of the New Era

5 Haifa Law Review 553 (2012)

48 Pages Posted: 14 Mar 2013

See all articles by Yehezkel Margalit

Yehezkel Margalit

Netanya Academic College; New York University School of Law

Date Written: March 13, 2013

Abstract

Over the past decades, we witnessed changes in the matrimonial and parenting institutions. Medical innovations have further created ethical-legal dilemmas. It is, therefore, essential to create a theory and framework that will determine ways to deal with the resulting dilemma in a fully developed manner. This paper surveys the current, conflicting shifts in family structure and the definition of legal parenthood. In it, I deal with the importance and various aspects of defining legal parenthood. I will also focus on the singularity of this dilemma as it is increasingly apparent in the various fertility treatments. I present the sociological-legal roots of the definition of the legal-parenthood dilemma as reflected in various levels of modern family structure over the past fifty years. I further survey the current law accepted models for defining legal parenthood, their central themes, various challenges they must address, and their advantages. This way, I hope to lay the theoretical foundation for a normative model which, in my opinion, will serve as the most coherent, flexible, applicable, and just model for determining legal parenthood by agreement. I will review its main benefits at the end of this article.

Note: Downloadable document is in Hebrew.

Keywords: Father, mother, fatherhood, motherhood, family law, contract law, agreement, intentional parenthood, intended parent, child, children, surrogacy, surrogate mother, IVF, artificial insemination, egg donor, ovum donation, semen donation, registration, AID, the best interests of the child, gestation

Suggested Citation

Margalit, Yehezkel, Determining Legal Parenthood by Agreement as a Possible Solution to the Challenges of the New Era (March 13, 2013). 5 Haifa Law Review 553 (2012) , Available at SSRN: https://ssrn.com/abstract=2232718

Yehezkel Margalit (Contact Author)

Netanya Academic College ( email )

Netanya

New York University School of Law ( email )

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