Family Law: Parentage, Adoption & Assisted Reproduction

3 units

[Previously called Adoption & Assisted Reproduction] Who is a child's parent? When do adults and minors constitute a family? What consequences follow? This course examines the political or policy choices that shape the answers to these questions. Understanding these choices, in turn, requires consulting constitutional doctrine, state family law, bioethical and religious considerations, social norms, economic and other inequalities, notions of reproductive justice, and assumptions about dependency—all sites of continuing flux. In addressing these matters, the course compares and contrasts three distinct contexts: parentage by sexual conception, parentage by adoption, and parentage by assisted reproductive technologies, with attention to historical context as well as to contemporary controversies. For example, coverage of adoption entails a review of its history as a child-welfare measure, a study of the adoption process, and consideration of the legal consequences of adoption (including variations such as equitable adoption, stepparent adoption, and second-parent adoption). Important and timely policy debates, such as proposals to abolish the family policing system, access to adoption by LGBTQ individuals and couples, transracial adoption, confidentiality versus disclosure of adoption records, and open adoption, all receive attention. Juxtaposed with adoption are its modern alternatives—various forms of assisted reproduction (donor insemination, in vitro fertilization, egg donation, traditional and gestational surrogacy, and embryo adoption), methods of family creation used traditionally by infertile different-sex couples and, increasingly, by single individuals and LGBTQ couples. Again, contested policy issues receive attention (such as parentage rules for children born from collaborative reproduction; the effect of private agreements; the role of race, class, sexual orientation, and gender in assisted reproduction; and reproductive tourism). Throughout the course, references to selected works of literature, film, and popular culture help bring to life the course's topics and themes, which touch deep emotions by raising issues of identity, ancestral roots, and family secrets. Taking Family Law: Adult Relationships (Marriage, Nonmarriage, & Dissolution) [previously called Family Law] is neither a prerequisite for nor a disqualification from taking this course, which can serve as an introduction to that larger field or a more narrowly focused sequel to the other course. Because class discussion is a vital part of this course, regular class attendance and preparation are required, and students may not use laptops in class unless special accommodations apply. Final grades will be based on a short examination (no more than 2 hours), some additional brief writing assignments, and class participation. [BCCCR requirement: this course contains 5 or more hours of BCCCR instruction.]