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3 - Fatherhood and Assisted Reproduction

Published online by Cambridge University Press:  21 November 2019

Alice Margaria
Affiliation:
Max Planck Institute for Social Anthropology
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Summary

In this chapter, the ECtHR’s understanding of fatherhood is traced in the context of assisted reproduction. Assisted reproductive technologies (ARTs) certainly represent one of the main forces responsible for the ongoing fragmentation of families and, more specifically, of fatherhood. By offering radical possibilities for disaggregating parenthood into different constituent parts, these techniques inevitably urge reflections and, ultimately, decisions upon what kind of tie – biological, marital (with the child’s mother), intentional/social, gestational, etc. – is most decisive to make someone a legal parent. ARTs, therefore, constitute a significant threat to the persistence of ‘conventional fatherhood’: not only because different roles of the traditional father figure are less likely to be undertaken by one man, but also because they introduce the ‘new’ element of intention that, in view of determining who should enjoy the legal status, rights and responsibilities of fatherhood, might clash and compete with some of the conventional parameters.

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Chapter
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The Construction of Fatherhood
The Jurisprudence of the European Court of Human Rights
, pp. 48 - 71
Publisher: Cambridge University Press
Print publication year: 2019

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