ABSTRACT
The question of how legal parenthood should be determined has long been the subject of extensive scholarship. The emergence and expansion of assisted reproductive technology alongside changes in family structures have prompted scholars and policymakers to shift their focus regarding the law surrounding parentage determination. Rather than relying solely on biology, they now also consider the intent to become a parent as well as the parental function.
We argue that, while intent, parental function, and biology are all valuable factors in determining parentage, each has its own limitations and deficiencies, placing certain family forms in a legally vulnerable position. We therefore seek to intervene in the extant scholarship by spotlighting one factor of parentage determination that is largely sidelined: the intimate-partner relationship between two prospective parent …
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Ayelet Blecher-Prigat, Noy Naaman and Ruth Zafran, The Non-Marital Presumption, American Journal of Comparative Law. Published: 8 October 2025.
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