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The Nature of Parenthood
NeJaime, Douglas
NeJaime, Douglas
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Abstract
In the wake of Obergefell v. Hodges, courts and legislatures claim in principle to have repudiated the privileging of different-sex over same-sex couples and men over women in the legal regulation of the family. But as struggles over assisted reproductive technologies (ART) demonstrate, in the law of parental recognition such privileging remains. Those who break from traditional norms of gender and sexuality—women who separate motherhood from biological ties (for instance, through surrogacy), and women and men who form families with a same-sex partner—often find their parent-child relationships discounted.