The New Frontier of Advanced Reproductive Technology: Reevaluating Modern Legal Parenthood

Abstract

Assisted reproductive technologies (ARTs) have challenged our deepest conceptions of what it means to be a parent by fragmenting traditional aspects of parenthood. The law has been slow to respond to this challenge, and numerous academic articles have proposed models for adapting parentage laws to ARTs. In the coming years, however, scientific advancements in reproductive technologies, such as somatic cell nuclear transfer and stem cell technologies, will challenge both parentage laws and proposed legal models for traditional ARTs in new and fascinating ways. For instance, these advanced technologies could allow two women to create a child without any male genetic contribution, or six parents to all contribute genetically to the creation of a child. This article explores the relationship between advanced reproductive technologies and current paradigms for establishing parentage, and, depending on the specific technology, argues that these technologies either reinforce traditional biological parental paradigms or demand greater reliance on intentional parenthood to determine legal parentage.

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