The brave new world of intentional parenthood

Abstract

The past years have born witness to dramatic and rapid technological changes in assisted reproductive technologies (ART) to include mitochondrial replacement and artificial gametes, which by fragmenting traditional aspects of parenthood have challenged our deepest conceptions of what it means to be a parent. These two cutting-edge reproductive innovations raise a variety of ethical and legal dilemmas, inter alia, the determination of legal parenthood. This article will explore the medical background of these practices and the main dilemmas in determining parenthood in each scenario. In the context of mitochondrial replacement, it explores whether the nuclear mother or the mitochondrial mother is the “real” mother of the resulting child. Likewise, artificial gametes challenge us to define the genetic progenitor who provided the raw material that will eventually produce an artificial sperm and/or egg. Is he a genetic parent, similar to any “traditional” sperm or egg provider? Or is he a mere third party who is, legally, a total stranger to the child. After exposing shortcomings in non-contractual models of legal parenthood, I endorse intentional parenthood as a superior normative model. Normatively, it is an appropriate, just and flexible doctrine for resolving the various modern dilemmas that surface in the context of different ART, including these two latest innovations previewed here. First, I will elaborate on current applications of intentional parenthood in ART and specifically about children resulting from mitochondrial replacement or artificial gametes. Afterwards, I will suggest ways to practically implement intentional parenthood in the context of these two complex and challenging procedures, including unique suggestions of dual maternity, three legal parents, and “quasi” parents with a variety of parental statuses. I will then discuss how intentional parenthood remains available to service the challenges posed by future and as-yet-unknown reproductive practices, as in this steadily evolving field, the future is always (almost) here.