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The Right to Be ParentsLGBT Families and the Transformation of Parenthood$
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Carlos A. Ball

Print publication date: 2012

Print ISBN-13: 9780814739303

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814739303.001.0001

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Gender Does Not Make a Parent

Gender Does Not Make a Parent

Chapter:
(p.183) 6 Gender Does Not Make a Parent
Source:
The Right to Be Parents
Author(s):

Carlos A. Ball

Publisher:
NYU Press
DOI:10.18574/nyu/9780814739303.003.0007

This chapter profiles cases involving transsexual parents who have battled in the courts to have their relationships with their children legally recognized despite having no biological connection to them. It discusses the extent of the constitutional protection afforded to legal parents when it comes to the termination of their parental rights, along with the arguments advanced by lesbian and gay parenting advocates that gender is irrelevant to the question of whether and how parents love and care for their children. It also highlights the intersection of parenthood and gender identity in legal disputes where courts have grappled with how the law should respond to the transsexuality of some parents. It shows that transsexual parents in some ways face greater challenges than LGBT parents owing to their greater risk of having their parental rights terminated altogether.

Keywords:   transsexual parents, courts, children, legal parents, parental rights, parenthood, gender identity, transsexuality, LGBT parents

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