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Hastings Law Journal

Abstract

This Article articulates a theoretical foundation for extending the privilege of intentional parenthood to all individuals, regardless of their marital status. Noting the failure of traditional methods of defining parentage to resolve the parentage issues arising from the use of assisted reproduction, this Article turns to recently enacted and proposed statutory provisions that clearly define intentional parenthood but reserve the status to married couples alone. Taking issue with the exclusionary criteria of these provisions, this Article aligns the emerging doctrine of functional parenthood with current theories in support of intentional parenthood to demonstrate that planning and preparing for the birth of a child-not marriage-are the essential criteria in determining who is-and is not-an intentional parent.

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