Document Type


Publication Title

Marquette Law Review


A flurry of recent noteworthy articles have urged the U.S. Supreme Court to elaborate further on the federal constitutional requisites for legal parenthood relevant to child custody, child visitation, and allocation of parental responsibility. These articles appear under such titles as Constitution of Parenthood, Constitutional Parenthood, Constitutional Parentage, and The Constitutionalization of Fatherhood. They follow recent initiatives by both the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute (ALI) suggesting new forms of childcare parenthood. And they follow new parentage law initiatives by state legislatures and courts. This Article goes beyond these developments as it speaks to the yet unrecognized limits on such constitutionalization and initiatives.

First Page


Last Page


Publication Date

Fall 2020


College of Law

Suggested Citation

Jeffrey A. Parness, Unconstitutional Parenthood, 104 Marq. L. Rev. 183 (2020).

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