ARTIFICIAL REPRODUCTION AND CHILD CUSTODY

Abstract

This article considers general principles of child custody law in regard to children born following artificial reproduction that employed donated sperm, ova or embryos, and the law applicable when women give birth to children conceived in order to be surrendered to others (notably their biological fathers). Claims to parental rights raise the issue of who the legal parents are, and may conflict with the apparent best interests of such children and the state's view of its responsibility. The article considers interests of the unconceived child, the embryo and fetus in utero, the embryo extra uterum and a child born of donation, and the status of sperm, ovum and embryo donors and of "surrogate" mothers. Particular attention is given to the Ontario Law Reform Commission's Report on Human Artificial Reproduction and Related Matters (1985), which is the first Canadian report to make wide-ranging recommendations on these issues.