June 21, 2010
Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines
Courtney Joslin, Acting Professor at the University of California Davis College of Law, just posted anew Article to SSRN entitled "Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines."
Abstract: Until recently, when a lesbian couple had a child through artificial insemination, only one member of the couple was considered the legal parent of the resulting child at the moment of birth. Today, in a small but growing number of states, this is no longer the case. Instead, in this small group of states, from the moment of birth, both members of the couple are treated as legal parents of a child born to the couple through artificial insemination. While this advancement in state law is tremendously important for many children, the resulting protections are extremely tenuous. These children are assured protection only so long as they and their families remain in one place, never crossing state lines. This essay explores why this legal vulnerability exists and offers a proposal for mitigating this potentially harmful state of affairs.