Conceiving parents through law

Who a child’s parents are is a question that might be answered differently by a jurist than by the child concerned. Law directs us to look at particular rules to determine parentage. Yet these rules might not reflect actual relationships within families that extend care, nurturing and support to children, particularly when conception has occurred through assisted procreation. This work is prompted by the discordance between legal and social locations of parenthood in these contexts. Examining Canadian common law and Quebec civil law, it considers whether legal strictures imposed on families created through assisted reproduction hinders children from developing relationships that foster self-awareness and a meaningful sense of “place” within their communities. Part I of this paper considers the manner in which law searches for parents and finds them, discussing cultural and social forces at play in shaping parent-child relationships. Part II sets out a taxonomy for understanding law’s location of parenthood where children have been conceived through donated genetic material or surrogacy. Part III highlights factors that have driven these assessments of parental status, namely, biological connections, the intentions of participants in assisted procreation arrangements, and social relationships formed with the children produced by such arrangements. Potential difficulties with relying on these factors are identified, signaling the need for a more coherent and equitable framework for determinations of parental status.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,914
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

4 ( #405,599 of 1,725,598 )

Recent downloads (6 months)

1 ( #349,437 of 1,725,598 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.