ART, Surrogacy, Federalism and Jus Sanguinis Citizenship in the US, Australia, and Canada

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This paper examines the jus sanguinis inherited citizenship of children conceived through assisted reproductive technology under United States, Australian, and Canadian law. While most countries use one set of rules to determine parentage for both citizenship and other purposes, these countries do not. They generally define parentage at the state, provincial, or territorial level, while independently determining parentage for citizenship purposes at the federal level. This article analyzes and compares these current federal approaches to families and citizenship, lays out alternatives, and discusses their merits and disadvantages.


In: The Asian Yearbook of Human Rights and Humanitarian Law, Volume 3, 2019, Law, Gender and Sexuality

Editors: Javaid Rehman, Ayesha Shahid and Steve Foster

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