Gendering Legal Parenthood: Bio-Genetic Ties, Intentionality and Responsibility

28 Pages Posted: 12 Feb 2007 Last revised: 3 Jun 2009

See all articles by Susan B. Boyd

Susan B. Boyd

University of British Columbia Allard School of Law

Date Written: 2007

Abstract

Recent legal developments in Canada have produced contradictory trends in relation to defining parenthood and determining parental rights and responsibilities. In some cases, the intention to parent appears to be given considerable weight. In others, bio-genetic ties prevail, or influence the extent to which intentionality will be recognized. This article suggests a feminist approach to the determination of legal parenthood, drawing on literature about the gendered nature of parenting law, fathers' rights, and the fragmentation of parenthood. It explores the apparently contradictory legal trends by examining the extent to which bio-genetic ties and intentionality inform the fragmentation of parenthood, and argues that gender still plays an important role in mediating both intentionality and bio-genetic ties. Strategic possibilities in relation to law reform are suggested, drawing on empirical studies about non-traditional families, especially lesbian-headed families. These studies point to a complex approach to bio-genetic ties and intentionality that the law may need to address in order to better protect the best interests of children and to enhance the autonomy of women who wish to define the conditions under which they parent a child.

Keywords: legal parenthood, bio-genetic ties, intentionality, responsibility, fathers' rights, women's autonomy

JEL Classification: K39

Suggested Citation

Boyd, Susan Barbara, Gendering Legal Parenthood: Bio-Genetic Ties, Intentionality and Responsibility (2007). Windsor Yearbook of Access to Justice, (2007) 25: 63-94, Available at SSRN: https://ssrn.com/abstract=962236

Susan Barbara Boyd (Contact Author)

University of British Columbia Allard School of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
604-822-8108 (Fax)

HOME PAGE: http://www.allard.ubc.ca/faculty-staff/susan-b-boyd-frsc

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