Conceiving Parents Through Law

Who a child's parents are is a question that might be answereddifferently by a jurist than by the child concerned. Law directsus to look at particular rules to determine parentage. Yet theserules might not reflect actual relationships within familiesthat extend care, nurturing and support to children, particularlywhen conception has occurred through assisted procreation. Thisarticle is prompted by the discordance between legal and sociallocations of parenthood in these contexts. Examining Canadiancommon law and Quebec civil law, it considers whether legalstrictures imposed on families created through assisted reproductionhinders children from developing relationships that foster self-awarenessand a meaningful sense of ‘place’ within their communities. Part I considers the manner in which law searches for parentsand finds them, discussing cultural and social forces at playin shaping parent–child relationships. Part II sets outa taxonomy for understanding law's location of parenthood wherechildren have been conceived through donated genetic materialor surrogacy. Part III highlights factors that have driven theseassessments of parental status, namely, biological connections,the intentions of participants in assisted procreation arrangements,and social relationships formed with the children produced bysuch arrangements. Potential difficulties with relying on thesefactors are identified, signalling the need for a more coherentand equitable framework for determinations of parental status.