Legal Definitions - intended child

An intended child refers to a child whose legal parentage is established or planned through a specific agreement or expressed intent, often in the context of assisted reproductive technologies or adoption. This term highlights the deliberate decision of individuals to become parents to a particular child, even if they are not biologically related to the child or if the child is carried by a surrogate. It emphasizes the legal and contractual intent to form a parent-child relationship.

Here are some examples to illustrate this concept:

• Surrogacy Agreement: A married couple, unable to carry a pregnancy to term, enters into a legal surrogacy agreement with a gestational carrier. They use their own genetic material to create an embryo, which is then implanted in the surrogate. The couple actively participates in the pregnancy and prepares for the child's arrival.

  How it illustrates the term: The child born from this pregnancy is their "intended child." Before the child's birth, the couple and the surrogate signed a legal contract outlining the couple's clear intent to be the child's sole legal parents. This agreement legally establishes their parental rights and responsibilities from the moment of birth, based on their pre-existing intent, rather than solely on the biological act of carrying the child.

• International Adoption: A single individual decides to adopt a child from another country. They go through a lengthy legal process, including home studies, background checks, and international agreements, to be matched with a specific child who is awaiting adoption.

  How it illustrates the term: The child they are matched with and subsequently adopt is their "intended child." Their intent to become a parent to that specific child is formalized through the adoption process and legal agreements. These legal steps establish their parental relationship even before the child physically joins their family or the adoption is finalized in court, demonstrating a clear pre-existing intent to parent that specific individual.

• Posthumous Conception: A woman's husband passes away unexpectedly, but prior to his death, they had frozen embryos with the explicit agreement that she could use them to conceive a child after his passing if she chose to do so. After a period of grieving, she decides to proceed with the implantation of one of these embryos.

  How it illustrates the term: The child conceived and born using the deceased husband's genetic material is considered their "intended child." The husband's prior written consent and the couple's joint decision to create and store embryos for future use demonstrate their shared intent to have a child, even though the child is conceived after one parent's death. Legal frameworks often recognize this pre-existing intent to establish the deceased parent's legal relationship to the child.