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2002

Divorce

GW Law Faculty Publications & Other Works

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Parenthood, Genes, And Gametes: The Family Law And Trusts And Estates Perspectives, Naomi R. Cahn Jan 2002

Parenthood, Genes, And Gametes: The Family Law And Trusts And Estates Perspectives, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This Article proposes a solution to resolve the legal issues that arise from the disposition of eggs, zygotes, and sperm upon divorce or death. I address two overlapping issues in family law and trusts and estates law: (1) whether the partner seeking procreation may use gametic material over the objections of the other partner and (2) how should the use of donated, willed, or marital gametic material affect the legal determination of parenthood?

In family law cases, courts generally rule in favor of the person seeking to avoid procreation, regardless of any evidence as to the intent of the parties. …