Legal Parenthood Is Not Enough For The Children Of Same...

Parent by choice, if not genetics: Why the extension of the marital presumption of legitimacy is not enough for the children of same sex couples. I. Introduction What does it mean to be a parent, or more specifically, how do we define who is a parent legally? Is it the person who provides the genetic materials that form the child’s make up? Until recently, legal parenthood was, for the most part, synonymous with biological parenthood. (Duncan 1). Marriage had largely gone hand and hand with this assumption, and been blessed by the courts with a presumption of legitimacy regarding the child’s parentage. This longstanding presumption, that the wife’s husband is the father of her child is likely born of a common-sense assumption that the husband is likely to be the biological father, at least insofar as one assumes the integrity of the marital relationship. With the advent of adoption, a new means of establishing legal parenthood was born, one allowing the parental rights of the biological parents to be extinguished in favor of granting said rights to others who intend to assume those roles. However, this too has tended to follow the original framework, known as the nuclear family, which consists of a mother, father and their dependent children. (Bartlett note 1). This family unit had long been the preferred social unit in our society, presumably exclusive to married heterosexual couples, or barring that, the biological parents and dependent children. (Bartlett 1). RelianceShow MoreRelatedGay Marriage- A Controversial Topic1074 Words   |  4 Pagesmarriage has been a controversial topic that is highly debated all around the globe, containing many of its own varying viewpoints and beliefs on both sides of the argument. 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