Legal 'Intent-Based Parenthood' Denies Biological Reality and Harms Children
Source: Josh Wood. "Parents Can't Be 'Assigned At Birth' Any More Than Sex Can." March 5, 2026. thefederalist.com
The Gist
The author argues that laws allowing people to become parents through surrogacy contracts (rather than biology) harm children and deny reality. Just like saying doctors 'assign' sex at birth is wrong, saying courts can 'assign' parents is also wrong - both ignore biological facts in favor of adult desires.
Conclusion
Legal systems that allow 'intent-based parenthood' (assigning parents based on desire rather than biology) are unjust to children and should be abolished
Premises
- Every child is biologically the offspring of one man and one woman, creating an observable relationship as real as the child's sex
- Intent-based parenthood allows adults to become legal parents through contracts and money rather than biological creation
- This system operates on the same principle as gender ideology: adult desire overriding biological fact
- Studies show donor-conceived adults have significantly higher rates of substance abuse, legal problems, and mental health issues
- Children have a fundamental right to know and be raised by their biological parents
- Supreme Court rulings like Obergefell and Pavan v. Smith have mandated this system nationwide, forcing states to assign rather than recognize parents
Assumptions
- Biological relationships between parents and children are morally and legally superior to intentional relationships
- Birth certificates should be biological documents rather than legal assignments
- The negative outcomes in donor-conceived adults are causally linked to separation from biological parents
- Children's rights to biological parents outweigh adults' desires to have children through surrogacy
- Legal recognition should follow biological reality rather than social arrangements