The Parentage Disruption: A Comparative Approach

Abstract

AbstractThe bionormative and heteronormative models of parentage has been challenged by multiple factors: a cultural shift, which has led to the decline of marriage and the development of cohabitation, a technological evolution, which has made it possible to develop new reproductive technologies, and a legal change that has led to the recognition of same-sex relationships. However, the extent of this development has not yet been fully assessed. Rather than simply adapting the rules designed according to an outdated model, it would be better to break with it permanently. This article proposes to build a new system based on intent and care, on the basis of case law and doctrinal proposals from several countries. Drawing from the best interests of the child standard, it operates a distinction between the status of parent and progenitor: whatever the circumstances of the birth (natural procreation, adoption, assisted reproduction technology, or surrogacy) and the nature of the parents' relationship (same-sex or heterosexual, married or unmarried, engaged in a romantic relationship or not), parentage would be based on a formal statement and the question of genetics limited to the determination of identity and the right to know one's origins.