84 S. Cal. L. Rev. Postscript 1 (2011)

handle is hein.journals/pstscrpt83 and id is 1 raw text is: 











                       POSTSCRIPT



   OF   FINANCIAL RIGHTS OF ASSISTED

       REPRODUCTIVE TECHNOLOGY

 NONMARITAL CHILDREN AND BACK-

                         UP PLANS


                         DARA   E. PURVIS


Responding  to Courtney  G. Joslin, Protecting Children(?): Marriage,
Gender, and Assisted Reproductive Technology, 83 S. CAL. L. REV. 1177
(2010).
     In her article, Courtney G. Joslin persuasively argues that the children
born via assisted reproductive technology (ART) are placed at a serious
financial disadvantage under the law. Joslin is right to point out that
parentage provisions that apply only to children born to heterosexual
married couples disadvantage nonmarital children of ART financially as
well as emotionally and developmentally. Joslin's solution is to propose
extending to such children what she terms the consent = legal parent
rule,1 meaning  that any  individual, regardless of gender,  sexual
orientation, or marital status, who consents to a woman's insemination with
the intent to be a parent is a legal parent of the resulting child.2 Such a rule
removes a period of time during which a child is unprotected by the lack of
legal recognition of a parent. This response identifies an ambiguity in and
proposes a clarification of Joslin's consent = legal parent rule with regard
to conception, and  with regard  to consent during  the period after

    *  Visiting Assistant Professor, University of Illinois College of Law; J.D., Yale Law School;
M.Phil., University of Cambridge; B.A., University of Southern California.
    1. Courtney G. Joslin, Protecting Children(?): Marriage, Gender, and Assisted Reproductive
Technology, 83 S. CAL. L. REv. 1177, 1222 (2010).
    ?~ Id At 12-3


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