Legal parenthood beyond the binary: replacing ‘mother’ with ‘gestational parent’

Cason Yong, Coram Chambers

What makes a “mother”? English law currently assigns motherhood exclusively to the person who carries and gives birth to a child following the implantation of an embryo or gametes. This biological definition fails to accommodate alternative parenthood structures, such as those involving transgender parents, or families formed through Assisted Reproductive Technologies (ART). By equating motherhood solely with gestation, the law excludes intended and social parents who may play central roles in a child’s life.

This article critiques the limitations of the current legal framework and proposes “gestational parent” as an alternative term used in law. This term maintains recognition of the physical and emotional significance of pregnancy while offering a more inclusive, gender-neutral framework that accommodates non-traditional family forms. Redefining legal parenthood in this way would align the law with contemporary understandings of family, identity, and reproductive technology.

Read the full article here.