Stu Marvel (Emory University School of Law) has posted Polymorphous Reproductivity and the Critique of Futurity: Toward a Queer Legal Analytic for Fertility Law (Jindal Global Law Review, Vol.4 2013 Issue.2/ Law, Culture and Queer Politics in Neoliberal Times) on SSRN. Here is the abstract:
This article aims to develop a queer legal analytic through which we can engage the complexities of reproductive technology use by queer subjects. It first seeks to reconcile the divide between legal scholarship and queer theory in accounting for the use of reproductive technology by LGBTQ people. It maps a queer legal analytic that can engage articulations of the reproductive family and explores how child-bearing and reproduction have been envisioned by leading scholars within queer theory. It then argues that these visions have fallen short and offers new conceptual frames to encompass the variety and multiplicity of what is referred to as queer biokinship. My argument is that the intrinsically messy queer parenting projects of assisted reproduction demand a re-thinking of the alignments and arrangements pursued under the frame of biological kinship. Instead, the polymorphous reproductivity of queer biokinship can be understood as challenging the central mythology of heterosexual normativity and genital reproduction. Further, by centring the queer reproductive family at the heart of our analysis, we are able to demand access to state-led subsidies that can help mitigate the ruthless logics of medical privatization. A queer perspective offers an extraordinarily useful intervention into the legal morass of assisted reproduction as it allows us to de-naturalize the procreative certainty of erotic coupling and determine where, how and on what grounds queer legal rights around assisted reproduction can and should be staked.