Monday, July 26, 2010
Courtney Joslin on Protecting the Families of Lesbian and Gay Parents Across State Lines
Courtney G. Joslin (UC Davis School of Law) has posted Travel Insurance: Protecting Lesbian and Gay Parent Families Across State Lines on SSRN. Here is the 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.