Obergefell and New Frontiers in LGBT Family Law?
Now that same-sex couples have a nationwide right to marry, a new generation of questions about the legal regulation of the family is emerging. Marriage equality was enabled by – and in turn enables – a model of parenthood that focuses less on gender and biology and more on functional and intentional relationships. The boundaries and implications of this model of parenthood are being tested by developments in assisted reproductive technologies (ART) and nonbiological parentage. These developments implicate different-sex and same-sex couples, biological and nonbiological parents, and marital and nonmarital families.