Document Type

Article

Publication Title

Gonzaga Law Review

Abstract

In the United States today, self-identified women increasingly can become childcare parents without giving birth, without genetic ties, and without formal adoption. Self-identified men increasingly can become childcare parents without marriages to those giving birth, without genetic ties, and without formal adoption. Furthermore, legal parentage more frequently arises other than at birth. Parentage under current law can be founded on preconception acts, on acts occurring during another person's pregnancy, and on acts occurring long after birth to another. Further, parenthood is becoming available to those whose gender self-identity changes and to those who do not gender identify. With the (r)evolution in parentage under law, it is time that federal and state lawmakers embrace nongendered childcare parentage. Uses of gendered terms like husband, wife, biological dad, and birth mom are not only misleading, but also offensive and, at times, unconstitutional.

First Page

465

Last Page

481

Publication Date

2021

Department

College of Law

Suggested Citation

Jeffrey A. Parness, Nongendered Childcare Parentage, 56 Gonz. L. Rev. 465 (2020-2021).

Included in

Law Commons

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