Papa's Baby: Paternity and Artificial Insemination

Papa's Baby: Paternity and Artificial Insemination

Papa's Baby: Paternity and Artificial Insemination

Papa's Baby: Paternity and Artificial Insemination

Synopsis

When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally bound to provide for their child, and if they don't, they're held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers.

In Papa's Baby, Browne C. Lewis argues that the courts should take steps to insure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. Lewis supplements her argument with concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, she first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.

Excerpt

The Cuckolded Husband

Her hands shook. Her voice trembled. Tears stained her cheeks. She slowly turned to her husband and said she was sorry. He gently wiped the tears from her eyes. He proclaimed she was his reason for living. They had just celebrated their seventh year of marriage. The audience booed her and cheered him. The talk-show host raised his hands to calm the audience. A member of the crew slowly raised an enlarged picture behind the stage. In the picture, the woman, the man, and their five-year-old son smiled for the camera. The host turned to the woman and asked her to tell the audience why she was on the show. She sighed and took her husband’s hand. She told him she had had an affair with one of his friends, so the little boy might not be his son. He looked at the picture of the little boy, shook his head, and asked her why. She shrugged and looked helplessly at the host. The host told the audience that after years of feeling guilty, the woman decided to come clean. The host asked the man if he was willing to submit to a paternity test to determine whether or not he was the child’s father. He hesitated. After looking at the boy’s picture again, the man nodded. Later in the show, the host held up the results for the audience to see. The host looked down at the paper. Then, he turned to the couple. The host shook his head and announced that the test excluded the man as the little boy’s father. For five years, the law presumed the man to be the legal father of the child. The man’s paternity was established by the couple’s marital status.

The Fornicating Man

She was a freshman from a small rural town. He was a senior from a big city. She was a geeky book worm. He was an athletic wide receiver on the college football team. The night of the party, she spent the evening leaning on the wall. He spent the evening dancing on the tables. When they finally made eye contact, he turned on the charm. She was shocked and flattered by the attention. He was intrigued by her shyness. He suggested that they go some place quiet, so they could talk. One thing led to another, and, before . . .

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