Conceiving Parents through Law

Conceiving Parents through Law

Conceiving Parents through Law

Conceiving Parents through Laws

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Référence bibliographique [2728]

Campbell, Angela. 2007. «Conceiving Parents through Law ». International Journal of Law, Policy and the Family, vol. 21, no 2, p. 242-273.

Fiche synthèse

1. Objectifs


Intentions :
« This article considers the way in which law attributes parental status in circumstances involving assisted reproduction. In particular, it examines whether and how law recognizes the relationships that a child forms with the adults who surround her when that child was conceived through the use of donated gametes (sperm or ova) or through surrogacy. » (p. 243)

2. Méthode


Échantillon/Matériau :
Canadian Common Law and Quebec Civil Law

Type de traitement des données :
Réflexion critique

3. Résumé


« The ultimate ambition of this project is to offer a normative framework for rethinking parent – -child relationships formed through ‘ conception arrangements ’ that can recognize and give full effect to the broad range of connections that materialize within families. That objective, however, can be accomplished only by unpacking current legal approaches to filiation through assisted reproduction. This work is completed in the article, and it sets the groundwork for future reflections on methods for establishing parent – child relationships in this context. [...] The article begins by considering the manner in which law searches for parents and finds them, discussing the cultural and social forces at play in shaping the parent – child relationships that receive formal recognition. The second part sets out a taxonomy for understanding law’s location of parenthood where children have been conceived through donated genetic material, or through surrogacy. The third part highlights particular factors that have driven these assessments of parental status, namely, biological connections, the intentions of those who participate in a conception arrangement, and social relationships formed with the children produced from such arrangements. » (pp. 243-244)