Also known as: legal parentage · legal parent · legal parents · parentage
Written by attorneys · grounded in primary & secondary sources — see below
The legal status of an individual as a parent of a child conceived by assisted reproduction. This status is determined under the Uniform Probate Code or equivalent state parentage statutes when a gestational surrogate or sperm donor is involved. It determines rights to custody, support, inheritance, and benefits.
Select any source to read its text and confirm it supports the definition.
Logan Lane and Lila Lin entered a gestational surrogacy agreement with a carrier who delivered their child. After birth the probate court applied the Uniform Probate Code rule to determine that Logan and Lila hold legal parenthood. The carrier therefore has no parental status and the child inherits from Logan and Lila under the will.
Luke Latham provided sperm to his friend Lorenzo Lugo under an informal arrangement with no signed writing. After the child was born Luke sought recognition as a legal parent. The Kansas court held that the absence of a written agreement preserving donor rights left Luke without legal parenthood.
Luis Lopez and Lance Lee married in a state recognizing same-sex unions and later had a child through assisted reproduction. When one spouse sought to dissolve the marriage the court treated both as legal parents with equal rights to custody and support.
After Landmark Realty owner died his widow used preserved gametes to conceive twins. The Social Security Administration initially denied survivor benefits but the Supreme Court ruled that legal parenthood could be established under state intestacy law for the posthumously conceived children.
Lighthouse Shipping executive and his spouse divorced after storing embryos created during marriage. The Massachusetts court held that the surviving spouse could not unilaterally create legal parenthood through implantation without the deceased spouse's consent.
Lumen Capital employee faced state proceedings to terminate her parental rights after prolonged neglect. The Supreme Court required clear and convincing evidence before severing legal parenthood because the fundamental liberty interest demands heightened protection.
A sperm donor establishes legal parenthood only through a written agreement that expressly preserves donor rights. Without that writing the donor has no parental status even if genetically related to the child.
Supporting sources
…is high during the pregnancy and often the worst abuse can be associated with pregnancy. . . . The battering husband may deny parentage and use the pregnancy as an excuse for abuse. . . . "290. Secrecy typically shrouds abusive families. Family members are instructed not to tell anyone, especially police or doctors,…