ABSTRACT
[3] Families, assisted reproduction and the law Rebecca Probert, School of Law, University of Warwick* This article considers the legal rules allocating parentage between the genetic, gestational and social parents in the light of evidence about the views of those involved in the process. It suggests that the idea of responsibility, rather than that of intention, would provide a more useful way of thinking about the legal rules, and advocates more imaginative use of birth certificates to accommodate the different needs of the parties. INTRODUCTION It seems that barely a week passes without another story on assisted reproduction appearing in the media: the surrogate who promised her baby to three different families,1 the grandmother who acted as a surrogate for her daughter,2 the gay fathers who moved to Spain to bring up their three children.3 There is also considerable debate on assisted reproduction within the legal academic community. How is legal parentage to be allocated among the genetic, gestational and social parents? Is there any coherent basis for the treatment of parentage, parenthood and parental responsibility? Should we be searching for the 'true' mother and father or recognising a variety of different parenting roles?4
