The incoherent role of the child's identity in the construction and allocation of legal parenthood

Abstract This paper explores the relationship between concept of ‘identity child’ and legal parenthood. It examines role identity in determination parenthood three contexts: (a) parental orders after surrogacy arrangements; (b) disputed paternity cases; (c) statutory rules cases involving gamete donation. argues that ‘identity’ plays an inconsistent attribution parenthood, because lacks substantive content within judicial reasoning framework. The understanding identity, it plays, appears to change these different contexts serve purposes law is trying achieve. reason for this inconsistency that, despite utilisation language ‘child's identity’, remains adult-centric premised upon replicating binary, two-parent model nuclear family. We argue instead appealing incoherent ‘identity’, courts should explicitly engage with types acknowledge importance each both children parents. Such approach would result more truly child-centred diminish predominance model.