This article proposes a new model for analyzing legal issues arising from reproductive technology and uses it to develop rules to govern the legal parentage of technologically conceived children. The article critiques several approaches offered by other commentators, showing that they offer little concrete guidance in many cases and risk the introduction of discordant values into the law of parentage. In their place, it offers an "interpretive" methodology which, by relying heavily on current rules governing parentage determination in other contexts, would assimilate technological conception within the broader law of parental obligation. Professor Garrison argues that cases of sexual and technological conception should be governed by consistent rules because, despite mechanical difference between these two methods of reproduction, there are no significant differences in the parent-child relationships that they produce. The article demonstrates that the interpretive approach can cabin rule-making disagreements and generate comprehensive parentage rules that reflect uniform policy goals and ensure consistent treatment of children and parents.
Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage113 Harv. L. Rev. 835; reprinted in part in An Invitation to Family Law (C.E. Schneider & M.F. Brinig, 2d ed. 2000) and in The Law of Bioethics: Individual Autonomy and Social Regulation (M. Garrison & C.E. Schneider) (2000)
Citation InformationMarsha Garrison. "Law Making for Baby Making: An Interpretive Approach to the Determination of Legal Parentage," 113 Harv. L. Rev. 835 (2000); reprinted in part in C.E. Schneider & M.F. Brinig, An Invitation to Family Law (2d ed. 2000) and in M. Garrison & C.E. Schneider, The Law of Bioethics: Individual Autonomy and Social Regulation