From Niyoga to IVF: The Evolution of Legal Parenthood from Ancient Indian Thought to Modern Family Law
From Niyoga to IVF: The Evolution of Legal Parenthood from Ancient Indian Thought to Modern Family Law Introduction Few questions are as fundamental to family law as the question: Who is the parent of a child? At first glance, the answer appears obvious. The biological father and mother are the parents. Yet human societies have long recognized circumstances in which biological parentage, social parentage, and legal parentage do not necessarily coincide. The Mahabharata provides one of the most fascinating examples of this phenomenon through the stories of Pandu, Kunti, the Pandavas, and the ancient practice of niyoga. Thousands of years later, modern reproductive technologies such as IVF, donor conception, embryo donation, and surrogacy have revived many of the same fundamental questions. The technology has changed dramatically. The underlying question is not: “Is parenthood determined by biology, birth, intention, social relationship, or law?” An examination of niyoga alongside modern...