What characteristics make a legal mother? The thesis explores some of the gendered differences in establishing legal parentage. It defends that there is no adequate conception or definition of legal motherhood in Canada. Indeed, the conception of legal motherhood is elusive or reiterates the problematic association between biological motherhood and legal motherhood. The logical leap between a biological situation and a legal status creates two main problems. First, the elusiveness of motherhood as a legal category tends to strengthen gendered assumptions in legal parentage, and it is especially burdensome on women. Second, given the fact that no guidance is provided to decision makers, the vesting of motherhood is often subjected to an evaluation of a woman’s sexuality, sexual choices, or sexual preferences. There is a need a to put forward a comprehensive analysis of legal parentage; a gender and sexuality neutral concept of stratified legal parenthood.

What characteristics make a legal mother? The thesis explores some of the gendered differences in establishing legal parentage. It defends that there is no adequate conception or definition of legal motherhood in Canada. Indeed, the conception of legal motherhood is elusive or reiterates the problematic association between biological motherhood and legal motherhood. The logical leap between a biological situation and a legal status creates two main problems. First, the elusiveness of motherhood as a legal category tends to strengthen gendered assumptions in legal parentage, and it is especially burdensome on women. Second, given the fact that no guidance is provided to decision makers, the vesting of motherhood is often subjected to an evaluation of a woman’s sexuality, sexual choices, or sexual preferences. There is a need a to put forward a comprehensive analysis of legal parentage; a gender and sexuality neutral concept of stratified legal parenthood.