Document Type

Article

Publication Date

6-2026

Abstract

People of all ages and backgrounds regularly use AI companions — virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy matter, should the government promote or discourage AI companionship? And how should policymakers approach the technology’s potential to further entrench inequality, with well-off families continuing to access human teachers and therapists, and lower-income children, who are disproportionately children of color, having only the AI version of these critical supports? This Essay identifies these questions with the goal of initiating a debate among lawmakers and family law scholars.

Disciplines

Family Law | Law | Science and Technology Law

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