Parental Parity: Intentional Parenthood’s Promise

Twenty-first century parentage law must move beyond status-based frameworks grounded in biological connection and marriage to embrace intentional parenthood doctrine. Traditional parentage doctrine relies on status—birth mother, genetic parent, marital presumption—reflecting an idealized married mother-father model that inadequately serves modern families including those formed through assisted reproductive technology or non-marital relationships. Intentional parenthood doctrine, which determines legal parenthood based on voluntary, purposeful choice to assume parental responsibilities, provides greater accuracy and neutrality. The doctrine offers significant advantages: it permits at-birth determinations (unlike functional parenthood), applies equally to all family structures regardless of gender or sexuality, allows for more than two parents when appropriate, and prevents disenfranchisement of parents through reliance on intent rather than status alone. Intentional parenthood is available primarily to wealthier individuals utilizing assisted reproduction, perpetuating class disparities in family law. Using intentional parenthood as the default framework would reduce economic inequality in parentage establishment, address gender and sexual orientation inequities, accommodate pluriparental families, and eliminate forced co-parenthood requirements. The author contends legislatures should adopt intentional parenthood as the baseline model for all at-birth parent-child relationships.

Topics: Family Law · Civil Rights

Keywords: intentional parenthood · parental status · assisted reproductive technology · functional parenthood · family law · parent-child relationship · parental rights · marital presumption