Published In

Windsor Yearbook of Access to Justice

Document Type

Working Paper

Publication Date

2007

Subjects

legal parenthood; bio-genetic ties; intentionality; responsibility; fathers' rights; women's autonomy

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.

NOTE: The "Download" button above will provide access to a working draft, and the "Find in your Library" button below will provide access to the final published version.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.