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Parents Can’t Be ‘Assigned At Birth’ Any More Than Sex Can

Through a legal doctrine known as ‘intent-based parenthood,’ you no longer become a parent by creating a child.

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The phrase “sex assigned at birth” was dreamed up to suggest that biological sex (male or female, determined at fertilization and encoded in chromosones) is not an objective reality but a label slapped on a baby by a doctor in a delivery room. As if maleness and femaleness were within the purview and authority of adults to decide. As if the biology was negotiable.

Most people now recognize this for what it is: a denial of biological reality. The fact of male and female can be suppressed for a while — dress it up, pump hormones into a body, issue new documents. But like pushing a beach ball under water, the truth surges back to the surface. Doctors cannot assign sex. We can only recognize it.

Now another denial of biological reality is surfacing, one that has quietly reshaped American family law for decades, and one most people don’t even know exists: surrogate parenting.

Parent Assigned at Birth

Every child ever born is the offspring of one man and one woman. One sperm, one egg. That biological fact creates a relationship as real and observable as the child’s sex. That child belongs to those two people, looks like those two people, and ideally is loved by those two people.

For most of human history, the law recognized this. The state did not create the parent-child bond any more........

© The Federalist