The Rise, Fall and Rise Again of the Genetic Foundation for Legal Parentage Determination

3 Journal of Health Law and Bioethics 125 (2010)

50 Pages Posted: 15 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

Recently, we have witnessed dramatic changes in the formation of the family and parenthood. One of the results of those shifts is a growing number of children growing up outside of the traditional marriage framework. Therefore, the dilemma of determining a child's parentage, which was usually resolved by a legal fiction as to the child's legal parents, is becoming increasingly problematic. It is appropriate that any discussion of the establishment of legal parentage should start with a study of the rise of the most popular modern model, the genetic model.

It is relevant to point out that from the beginning of the Jewish halakha, and in the Israeli law, the genetic model occupied a central position. Although there were always exceptions to this model, it would seem now that there are two opposite movements: on the one hand, this model is being eroded both ideologically and practically for different reasons.

For example, the appearance of different models for the establishment of legal parentage, such as the functional-psychological-social model and the contractual model. On the other hand, as we shall see in the conclusion of our discussion, there are many scholars who are of the opinion that this model should not be totally abolished and it may even enjoy a renaissance. In our opinion, the extreme importance of the genetic model nowadays can be shown by the suggestion to make a mandatory genetic examination for all new born children.

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, The Rise, Fall and Rise Again of the Genetic Foundation for Legal Parentage Determination (March 13, 2013). 3 Journal of Health Law and Bioethics 125 (2010) , Available at SSRN: https://ssrn.com/abstract=2232721

Yehezkel Margalit (Contact Author)

Netanya Academic College ( email )

Netanya

New York University School of Law ( email )

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