- Published in print:
- 2012
- Published Online:
- March 2013
- ISBN:
- 9780226560694
- eISBN:
- 9780226560717
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226560717.003.0006
- Subject:
- History, British and Irish Modern History
This chapter approaches the issues discussed in this book in a roundabout fashion by exploring a relatively obscure Canadian court case. It addresses the ways in which commentators in the interwar ...
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This chapter approaches the issues discussed in this book in a roundabout fashion by exploring a relatively obscure Canadian court case. It addresses the ways in which commentators in the interwar years attributed enormous social significance to a rarely employed but simple form of medical treatment. The Orford trial is introduced. From the mid-1930s onward, the British tabloids started to report on “test-tube babies” in the United States. A number of writers had defended artificial insemination as a form of positive eugenics. In the 1940s, nothing could rival artificial insemination in better representing reproduction by design. In so doing, it dramatically showed the splitting of sex and reproduction. In the first half of the twentieth century when the procedure was only emerging, it was predictable that its defenders would seek to portray it in the most conservative of hues.Less
This chapter approaches the issues discussed in this book in a roundabout fashion by exploring a relatively obscure Canadian court case. It addresses the ways in which commentators in the interwar years attributed enormous social significance to a rarely employed but simple form of medical treatment. The Orford trial is introduced. From the mid-1930s onward, the British tabloids started to report on “test-tube babies” in the United States. A number of writers had defended artificial insemination as a form of positive eugenics. In the 1940s, nothing could rival artificial insemination in better representing reproduction by design. In so doing, it dramatically showed the splitting of sex and reproduction. In the first half of the twentieth century when the procedure was only emerging, it was predictable that its defenders would seek to portray it in the most conservative of hues.
Carolyn Herbst Lewis
- Published in print:
- 2010
- Published Online:
- July 2014
- ISBN:
- 9780807834251
- eISBN:
- 9781469606385
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807899540_lewis.9
- Subject:
- Society and Culture, Gender Studies
This chapter examines the discussions of artificial insemination in American medical journals throughout the 1950s and 1960s. During this period, artificial insemination as a treatment for marital ...
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This chapter examines the discussions of artificial insemination in American medical journals throughout the 1950s and 1960s. During this period, artificial insemination as a treatment for marital infertility was becoming increasingly available to American couples. The chapter describes how artificial insemination reinforced postwar gender ideology and undermined the structural framework of the American family, and examines the challenges to the legal, social, moral, and familial legitimacy of this procedure.Less
This chapter examines the discussions of artificial insemination in American medical journals throughout the 1950s and 1960s. During this period, artificial insemination as a treatment for marital infertility was becoming increasingly available to American couples. The chapter describes how artificial insemination reinforced postwar gender ideology and undermined the structural framework of the American family, and examines the challenges to the legal, social, moral, and familial legitimacy of this procedure.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0004
- Subject:
- Law, Family Law
This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by ...
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This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by focusing on his actions. In the majority of jurisdictions, if a man does not consent to the artificial insemination of his wife using another man's sperm, he is not the legal father of the resulting child. Most statutes require that the husband's consent be in writing. However, some courts and legislatures have stated that the man's consent may be implied by his actions. A few statutes presume that the woman's husband is the legal father of the child even if he does not consent to the artificial insemination.
Less
This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by focusing on his actions. In the majority of jurisdictions, if a man does not consent to the artificial insemination of his wife using another man's sperm, he is not the legal father of the resulting child. Most statutes require that the husband's consent be in writing. However, some courts and legislatures have stated that the man's consent may be implied by his actions. A few statutes presume that the woman's husband is the legal father of the child even if he does not consent to the artificial insemination.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0004
- Subject:
- Law, Family Law
This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by ...
More
This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by focusing on his actions. In the majority of jurisdictions, if a man does not consent to the artificial insemination of his wife using another man's sperm, he is not the legal father of the resulting child. Most statutes require that the husband's consent be in writing. However, some courts and legislatures have stated that the man's consent may be implied by his actions. A few statutes presume that the woman's husband is the legal father of the child even if he does not consent to the artificial insemination.Less
This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by focusing on his actions. In the majority of jurisdictions, if a man does not consent to the artificial insemination of his wife using another man's sperm, he is not the legal father of the resulting child. Most statutes require that the husband's consent be in writing. However, some courts and legislatures have stated that the man's consent may be implied by his actions. A few statutes presume that the woman's husband is the legal father of the child even if he does not consent to the artificial insemination.
Daniel B. Sinclair
- Published in print:
- 2003
- Published Online:
- March 2012
- ISBN:
- 9780198268277
- eISBN:
- 9780191683480
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268277.003.0002
- Subject:
- Law, Medical Law
This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial ...
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This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial insemination using donor sperm (AID) and the issues of adultery and mamzerut, other halakhic problems associated with AID, moral objections to AID, in vitro fertilization (IVF), halakhic problems in relation to IVF using donor eggs or a surrogate mother, the role of aggadah in determining maternity, and procreative obligation and procreative autonomy in Jewish and Israeli law.Less
This chapter discusses the issue of assisted reproduction in Jewish law. Topics covered include morality, naturalism, and artificial insemination using the husband's sperm (AIH); artificial insemination using donor sperm (AID) and the issues of adultery and mamzerut, other halakhic problems associated with AID, moral objections to AID, in vitro fertilization (IVF), halakhic problems in relation to IVF using donor eggs or a surrogate mother, the role of aggadah in determining maternity, and procreative obligation and procreative autonomy in Jewish and Israeli law.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0005
- Subject:
- Law, Family Law
This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a ...
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This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a contribution to a sperm bank. Under most state statutes, the sperm donor is never acknowledged as the legal father of the child. The statutes do not make a distinction between known and anonymous sperm donors. However, in some states, the sperm donor may agree to be a father to the child. Courts will usually recognize these agreements. A sperm donor may also be recognized as the legal father of the child if he does not comply with the state's artificial insemination statute. States without statutes tend to treat known sperm donors differently from anonymous sperm donors. While anonymous sperm donors are generally protected from parental obligations, at least one court has recognized a known sperm donor as the legal father of the children created using his genetic material.Less
This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a contribution to a sperm bank. Under most state statutes, the sperm donor is never acknowledged as the legal father of the child. The statutes do not make a distinction between known and anonymous sperm donors. However, in some states, the sperm donor may agree to be a father to the child. Courts will usually recognize these agreements. A sperm donor may also be recognized as the legal father of the child if he does not comply with the state's artificial insemination statute. States without statutes tend to treat known sperm donors differently from anonymous sperm donors. While anonymous sperm donors are generally protected from parental obligations, at least one court has recognized a known sperm donor as the legal father of the children created using his genetic material.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0005
- Subject:
- Law, Family Law
This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a ...
More
This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a contribution to a sperm bank. Under most state statutes, the sperm donor is never acknowledged as the legal father of the child. The statutes do not make a distinction between known and anonymous sperm donors. However, in some states, the sperm donor may agree to be a father to the child. Courts will usually recognize these agreements. A sperm donor may also be recognized as the legal father of the child if he does not comply with the state's artificial insemination statute. States without statutes tend to treat known sperm donors differently from anonymous sperm donors. While anonymous sperm donors are generally protected from parental obligations, at least one court has recognized a known sperm donor as the legal father of the children created using his genetic material.
Less
This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a contribution to a sperm bank. Under most state statutes, the sperm donor is never acknowledged as the legal father of the child. The statutes do not make a distinction between known and anonymous sperm donors. However, in some states, the sperm donor may agree to be a father to the child. Courts will usually recognize these agreements. A sperm donor may also be recognized as the legal father of the child if he does not comply with the state's artificial insemination statute. States without statutes tend to treat known sperm donors differently from anonymous sperm donors. While anonymous sperm donors are generally protected from parental obligations, at least one court has recognized a known sperm donor as the legal father of the children created using his genetic material.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0009
- Subject:
- Law, Family Law
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations ...
More
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations involving two or more men who want to be recognized as the father of the resulting child. The second proposal is offered to assist courts faced with the decision of whether or not to acknowledge the inseminated woman's husband or same-sex partner as the paternal parent of the artificially conceived child. The third proposal discusses the paternal obligations of sperm donors. The theories that underlie these proposals address situations that involve one adult who is biologically unrelated to the child. The focus is on cases where the option before the court is either to allocate parental rights to the one person seeking it or to declare the artificially conceived child to have only one legal parent.
Less
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations involving two or more men who want to be recognized as the father of the resulting child. The second proposal is offered to assist courts faced with the decision of whether or not to acknowledge the inseminated woman's husband or same-sex partner as the paternal parent of the artificially conceived child. The third proposal discusses the paternal obligations of sperm donors. The theories that underlie these proposals address situations that involve one adult who is biologically unrelated to the child. The focus is on cases where the option before the court is either to allocate parental rights to the one person seeking it or to declare the artificially conceived child to have only one legal parent.
Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.003.0013
- Subject:
- Philosophy, Moral Philosophy
This chapter analyzes the case of Mr and Mrs F who have been married for ten years and have no children. They have ruled out the choice of adoption, and are considering resort to an artificial ...
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This chapter analyzes the case of Mr and Mrs F who have been married for ten years and have no children. They have ruled out the choice of adoption, and are considering resort to an artificial insemination donor. However, they worry about the right of the child to have a ‘natural’ father (that is, the wife's husband), or not to know its biological father. They ask Dr R for advice and possible assistance in arranging artificial insemination by donor. It discusses what Dr R should advise and assist, in light of relevant medical, ethical, legal, and human rights considerations.Less
This chapter analyzes the case of Mr and Mrs F who have been married for ten years and have no children. They have ruled out the choice of adoption, and are considering resort to an artificial insemination donor. However, they worry about the right of the child to have a ‘natural’ father (that is, the wife's husband), or not to know its biological father. They ask Dr R for advice and possible assistance in arranging artificial insemination by donor. It discusses what Dr R should advise and assist, in light of relevant medical, ethical, legal, and human rights considerations.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.003.0009
- Subject:
- Law, Family Law
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations ...
More
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations involving two or more men who want to be recognized as the father of the resulting child. The second proposal is offered to assist courts faced with the decision of whether or not to acknowledge the inseminated woman's husband or same-sex partner as the paternal parent of the artificially conceived child. The third proposal discusses the paternal obligations of sperm donors. The theories that underlie these proposals address situations that involve one adult who is biologically unrelated to the child. The focus is on cases where the option before the court is either to allocate parental rights to the one person seeking it or to declare the artificially conceived child to have only one legal parent.Less
This chapter presents three different proposals pertaining to the allocation of the paternity of the men involved in the artificial insemination process. The first proposal addresses situations involving two or more men who want to be recognized as the father of the resulting child. The second proposal is offered to assist courts faced with the decision of whether or not to acknowledge the inseminated woman's husband or same-sex partner as the paternal parent of the artificially conceived child. The third proposal discusses the paternal obligations of sperm donors. The theories that underlie these proposals address situations that involve one adult who is biologically unrelated to the child. The focus is on cases where the option before the court is either to allocate parental rights to the one person seeking it or to declare the artificially conceived child to have only one legal parent.
Ruth Deech and Anna Smajdor
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199219780
- eISBN:
- 9780191713002
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199219780.003.0002
- Subject:
- Law, Medical Law
This chapter explores the history of reproductive technology. It goes back to the first attempts at artificial insemination and traces the trajectory of technological developments since then. The ...
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This chapter explores the history of reproductive technology. It goes back to the first attempts at artificial insemination and traces the trajectory of technological developments since then. The biology of reproduction is explained, and the current technological means of addressing infertility are listed. The social impact of reproductive technology and the associated need for regulation are considered. Future developments in reproductive technology are considered, and the impact of controversial breakthroughs, such as the cloning of Dolly the sheep, are discussed.Less
This chapter explores the history of reproductive technology. It goes back to the first attempts at artificial insemination and traces the trajectory of technological developments since then. The biology of reproduction is explained, and the current technological means of addressing infertility are listed. The social impact of reproductive technology and the associated need for regulation are considered. Future developments in reproductive technology are considered, and the impact of controversial breakthroughs, such as the cloning of Dolly the sheep, are discussed.
Naomi R. Cahn
- Published in print:
- 2009
- Published Online:
- March 2016
- ISBN:
- 9780814716823
- eISBN:
- 9780814790021
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716823.003.0003
- Subject:
- Law, Family Law
This chapter focuses on the legal regulation of the reproductive technology market, including the fertility clinics and gamete suppliers. For those seeking sperm, there are thousands of ...
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This chapter focuses on the legal regulation of the reproductive technology market, including the fertility clinics and gamete suppliers. For those seeking sperm, there are thousands of possibilities. In the United States alone, dozens of sperm banks are available as part of a business that accounts for about $75 million per year. The number of physicians offering assisted reproductive services has also increased exponentially. However, there is little guarantee about the safety of sperm that one buys, the eggs that are used, the success rate of fertility clinics, or that the embryo created with one's egg and her partner's sperm is the embryo that will be transferred into her body. The amount of market regulation at the state and federal levels with respect to reproductive technologies is limited. This chapter first provides a historical background on artificial insemination as a solution to infertility, along with the programs for both egg and sperm donation. It then discusses self-regulation in the reproductive technology industry before examining the laws that apply to sperm and egg donation.Less
This chapter focuses on the legal regulation of the reproductive technology market, including the fertility clinics and gamete suppliers. For those seeking sperm, there are thousands of possibilities. In the United States alone, dozens of sperm banks are available as part of a business that accounts for about $75 million per year. The number of physicians offering assisted reproductive services has also increased exponentially. However, there is little guarantee about the safety of sperm that one buys, the eggs that are used, the success rate of fertility clinics, or that the embryo created with one's egg and her partner's sperm is the embryo that will be transferred into her body. The amount of market regulation at the state and federal levels with respect to reproductive technologies is limited. This chapter first provides a historical background on artificial insemination as a solution to infertility, along with the programs for both egg and sperm donation. It then discusses self-regulation in the reproductive technology industry before examining the laws that apply to sperm and egg donation.
Naomi R. Cahn
- Published in print:
- 2009
- Published Online:
- March 2016
- ISBN:
- 9780814716823
- eISBN:
- 9780814790021
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716823.003.0004
- Subject:
- Law, Family Law
This chapter examines how the law has responded to the families created through adoption as well as embryo, egg, and sperm donation. It also considers how judicial and legislative interpretations of ...
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This chapter examines how the law has responded to the families created through adoption as well as embryo, egg, and sperm donation. It also considers how judicial and legislative interpretations of the implications of reproductive technologies have affected the traditional significance of genetic and marital relationships. The chapter begins by introducing the reader to parentage rights in the United States before turning to a discussion of early cases that struggled with whether children born through gamete provision were “legitimate” or whether the mother had committed adultery. It then reviews relevant laws such as the Uniform Parentage Act, which recognizes the rights of single people to use artificial reproductive technology. Finally, it explores legal issues surrounding parentage and legitimacy, inheritance, incest, artificial insemination, and nonmarital children.Less
This chapter examines how the law has responded to the families created through adoption as well as embryo, egg, and sperm donation. It also considers how judicial and legislative interpretations of the implications of reproductive technologies have affected the traditional significance of genetic and marital relationships. The chapter begins by introducing the reader to parentage rights in the United States before turning to a discussion of early cases that struggled with whether children born through gamete provision were “legitimate” or whether the mother had committed adultery. It then reviews relevant laws such as the Uniform Parentage Act, which recognizes the rights of single people to use artificial reproductive technology. Finally, it explores legal issues surrounding parentage and legitimacy, inheritance, incest, artificial insemination, and nonmarital children.
Tiago Saraiva
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035033
- eISBN:
- 9780262335706
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035033.003.0007
- Subject:
- History, Political History
The sixth and final chapter is the most original in terms of methodology, for it takes a single technoscientific organism – Karakul sheep – and follows its role in the settlement of the frontier for ...
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The sixth and final chapter is the most original in terms of methodology, for it takes a single technoscientific organism – Karakul sheep – and follows its role in the settlement of the frontier for the three fascist empires. The ability of Karakul to thrive under harsh environmental conditions and its high value in the fur market made it a perfect companion species for white settler’s imperial expansion. The Animal Breeding Institute at the University of Halle is taken as center of circulation, establishing standards and producing the rams to be used not only in white settlers farms in German possessions in Eastern Europe, but also in Italian settlement schemes in Libya and Ethiopia, and in Portuguese colonization of South-western Angola. The different local karakul sheep experiment stations located in frontier spaces are treated as experiments in colonial sociability, revealing the connections between sheep breeding and the genocides perpetrated by the three regimes.Less
The sixth and final chapter is the most original in terms of methodology, for it takes a single technoscientific organism – Karakul sheep – and follows its role in the settlement of the frontier for the three fascist empires. The ability of Karakul to thrive under harsh environmental conditions and its high value in the fur market made it a perfect companion species for white settler’s imperial expansion. The Animal Breeding Institute at the University of Halle is taken as center of circulation, establishing standards and producing the rams to be used not only in white settlers farms in German possessions in Eastern Europe, but also in Italian settlement schemes in Libya and Ethiopia, and in Portuguese colonization of South-western Angola. The different local karakul sheep experiment stations located in frontier spaces are treated as experiments in colonial sociability, revealing the connections between sheep breeding and the genocides perpetrated by the three regimes.
Browne C. Lewis
- Published in print:
- 2012
- Published Online:
- March 2016
- ISBN:
- 9780814738481
- eISBN:
- 9780814753279
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814738481.001.0001
- Subject:
- Law, Family Law
When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally ...
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When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally bound to provide for their child, and if they don't, they'-re held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. This book argues that the courts should take steps to ensure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. The book includes concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, it first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.Less
When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child's parents are legally bound to provide for their child, and if they don't, they'-re held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. This book argues that the courts should take steps to ensure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. The book includes concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, it first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.
Clara Pinto-Correia
- Published in print:
- 2017
- Published Online:
- January 2019
- ISBN:
- 9780231170949
- eISBN:
- 9780231544580
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231170949.003.0004
- Subject:
- Biology, Bioethics
From royal families, to farm animals, to the general public, artificial insemination AI has had many guises. One of these is sperm banking, where people can pay to be inseminated with sperm from men ...
More
From royal families, to farm animals, to the general public, artificial insemination AI has had many guises. One of these is sperm banking, where people can pay to be inseminated with sperm from men having the traits they desire. But it does not always happen that one gets what one pays for. In vitro fertilization, the other widespread reproductive technology, offers hope, the source of both blessings and curses, to many infertile couples.Less
From royal families, to farm animals, to the general public, artificial insemination AI has had many guises. One of these is sperm banking, where people can pay to be inseminated with sperm from men having the traits they desire. But it does not always happen that one gets what one pays for. In vitro fertilization, the other widespread reproductive technology, offers hope, the source of both blessings and curses, to many infertile couples.
I. Glenn Cohen
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780199975099
- eISBN:
- 9780190205522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199975099.003.0009
- Subject:
- Law, Medical Law
This chapter examines “fertility tourism”—individuals who travel abroad to use reproductive technologies such as artificial insemination, surrogacy, sex selection, etc. Some travel for price, others ...
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This chapter examines “fertility tourism”—individuals who travel abroad to use reproductive technologies such as artificial insemination, surrogacy, sex selection, etc. Some travel for price, others to circumvent restrictions in their home country. The first part of this chapter sketches what we know about the current flow of patients, doctors, surrogates, and egg and sperm donors in the trade. The next part examines under what circumstances home countries that prohibit particular reproductive technologies from being used by their citizens in the home country should extend that prohibition to those who go to a country where the practice is legal. Among other things, the chapter discusses the question of whether fertility tourism involving surrogacy is a morally problematic form of exploitation and whether that analysis also mandates extending the prohibition extraterritorially. The third part of this chapter examines the question of nationality and immigration for the children born through fertility tourism.Less
This chapter examines “fertility tourism”—individuals who travel abroad to use reproductive technologies such as artificial insemination, surrogacy, sex selection, etc. Some travel for price, others to circumvent restrictions in their home country. The first part of this chapter sketches what we know about the current flow of patients, doctors, surrogates, and egg and sperm donors in the trade. The next part examines under what circumstances home countries that prohibit particular reproductive technologies from being used by their citizens in the home country should extend that prohibition to those who go to a country where the practice is legal. Among other things, the chapter discusses the question of whether fertility tourism involving surrogacy is a morally problematic form of exploitation and whether that analysis also mandates extending the prohibition extraterritorially. The third part of this chapter examines the question of nationality and immigration for the children born through fertility tourism.
patricia digilio and nazanin z. rohani
- Published in print:
- 2011
- Published Online:
- May 2015
- ISBN:
- 9780199735365
- eISBN:
- 9780190267520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199735365.003.0055
- Subject:
- Philosophy, Moral Philosophy
This chapter discusses the issue of artificial insemination raised by the film And Then Came Love (2007). The film tells the story of Julie Davidson (Vanessa Williams) who decided to become a single ...
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This chapter discusses the issue of artificial insemination raised by the film And Then Came Love (2007). The film tells the story of Julie Davidson (Vanessa Williams) who decided to become a single mother by resorting to artificial insemination by an anonymous donor. When her son Jack begins inquiring about his father and social pressures from school begin to mount, Julie begins a quest for the original donor, one which will ultimately lead her to change her life. Some argue that children should be told whether one (or both) of their birth parents is not their genetic relative, and that gamete donor(s) should be disclosed because lack of knowledge of one's genetic origins has potentially adverse psychosocial implications, and because our genetic heritage is part of our identity. Others, however, claim that focusing so strongly on anonymity versus disclosure is just another example of genetic essentialism, whereby providing knowledge of one's genetic parents is given special importance beyond that given to nongenetic ones.Less
This chapter discusses the issue of artificial insemination raised by the film And Then Came Love (2007). The film tells the story of Julie Davidson (Vanessa Williams) who decided to become a single mother by resorting to artificial insemination by an anonymous donor. When her son Jack begins inquiring about his father and social pressures from school begin to mount, Julie begins a quest for the original donor, one which will ultimately lead her to change her life. Some argue that children should be told whether one (or both) of their birth parents is not their genetic relative, and that gamete donor(s) should be disclosed because lack of knowledge of one's genetic origins has potentially adverse psychosocial implications, and because our genetic heritage is part of our identity. Others, however, claim that focusing so strongly on anonymity versus disclosure is just another example of genetic essentialism, whereby providing knowledge of one's genetic parents is given special importance beyond that given to nongenetic ones.
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226520315
- eISBN:
- 9780226520339
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226520339.003.0007
- Subject:
- Law, Family Law
During the past few decades, U.S. courts have been slowly expanding the definition of family. There is growing recognition of homosexuals as parents, because courts are increasingly granting ...
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During the past few decades, U.S. courts have been slowly expanding the definition of family. There is growing recognition of homosexuals as parents, because courts are increasingly granting visitation and custody rights not only to the gay or lesbian natural parent but also to stepparents in same-sex relationships. Courts are also approving adoption petitions of single gay men and lesbians and of same-sex co-parents, as well as petitions of a same-sex couple to jointly adopt an unrelated child. The availability of artificial insemination for lesbians is another contributing factor to the expanding recognition of alternative families in the United States. In recognizing new family structures and living arrangements alternative to marriage, the prevalent statutory solution to the status of unmarried cohabitants in the United States during the past decade has been domestic partner legislation and policies.Less
During the past few decades, U.S. courts have been slowly expanding the definition of family. There is growing recognition of homosexuals as parents, because courts are increasingly granting visitation and custody rights not only to the gay or lesbian natural parent but also to stepparents in same-sex relationships. Courts are also approving adoption petitions of single gay men and lesbians and of same-sex co-parents, as well as petitions of a same-sex couple to jointly adopt an unrelated child. The availability of artificial insemination for lesbians is another contributing factor to the expanding recognition of alternative families in the United States. In recognizing new family structures and living arrangements alternative to marriage, the prevalent statutory solution to the status of unmarried cohabitants in the United States during the past decade has been domestic partner legislation and policies.
R. S. Downie and K. C. Calman
- Published in print:
- 1994
- Published Online:
- September 2009
- ISBN:
- 9780192624086
- eISBN:
- 9780191723728
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780192624086.003.0014
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
Many ethical questions are generated by the development of methods of artificial insemination, surrogacy, abortion, and the disposal of surplus embryos. Some approach these questions by asking ‘When ...
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Many ethical questions are generated by the development of methods of artificial insemination, surrogacy, abortion, and the disposal of surplus embryos. Some approach these questions by asking ‘When does life begin?’ But it is preferable to ask, ‘When does life acquire moral significance?’ It is unlikely that there will be agreement on many of these issues, but legislation should proceed by seeking informed public consensus.Less
Many ethical questions are generated by the development of methods of artificial insemination, surrogacy, abortion, and the disposal of surplus embryos. Some approach these questions by asking ‘When does life begin?’ But it is preferable to ask, ‘When does life acquire moral significance?’ It is unlikely that there will be agreement on many of these issues, but legislation should proceed by seeking informed public consensus.