And Baby Makes Four: Dealing with Throuples

Abstract

Background: Throuples exist and wish to have children. Their existence challenges existing notions about relationships, parenting and treatment. Aim: To illuminate what the law says about treatment for those in throuple relationship seeking ART, and to illuminate who is and is not a parent. It may be that all three are the parents, or one of them or two of them. Even if not recognised as a parent, one of the parties seeking and consenting to treatment may nevertheless be liable to the financial burdens of parentage-child support (or damages in lieu) or in case of death a claim on their estate. Method: To illustrate the legal and practical challenges arising from a refusal to treat or the decision to treat when the intended parents are a throuple. The intent would be to provide a paper illustrating the points, and talking to the paper. Results: Throuples are in large part protected by anti-discrimination law. The implications for the child and for each of the parties would demand that they obtain legal advice before treatment is offered. Conclusion: As above.