Tangling the web of legal parenthood: Legal responses to the use of known donors in lesbian parenting arrangements

Smith, Leanne Jean ORCID: https://orcid.org/0000-0001-7660-874X 2013. Tangling the web of legal parenthood: Legal responses to the use of known donors in lesbian parenting arrangements. Legal Studies 33 (3) , pp. 355-381. 10.1111/j.1748-121X.2012.00248.x

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Abstract

This paper explores cases involving disputes between lesbian parents and known donors with whom informal insemination arrangements were made. It observes that the current legal framework for recognising parents following assisted reproduction is incapable of dealing adequately with known donors, notwithstanding a host of recent developments in the law relating to lesbian parenting. As a result, the case-law exhibits judicial uncertainty and inconsistency about the extent of the recognition to which known donors should be entitled. In spite of the difficulties posed by using known donors, the paper argues that there is a strong case for finding an appropriate way of accommodating them within the legal framework for recognising parents. It explores some of the possible legal responses and highlights their potential advantages and disadvantages from theoretical and practical perspectives.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > K Law (General)
Publisher:	Wiley-Blackwell
ISSN:	0261-3875
Last Modified:	20 Oct 2022 09:13
URI:	https://orca.cardiff.ac.uk/id/eprint/31033

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