Unequal Parenthood: How U.S. Parentage Law Fails LGBTQ+ Families in the Age of Assisted Reproduction – How to Fix It

This paper argues that the current U.S. parentage regime systemically disadvantages LGBTQ+ families by prioritizing biological connection and heteronormative marital units over intent and the performance of parental duties, thus undercutting the best interests of the child. To address these failures, this paper provides a comprehensive framework for reform grounded in three principles: intent-based parentage, equitable access to reproductive technologies, and reproductive justice.