8. Legal Parenthood and Parental Responsibility

Family Law ◽  
2018 ◽  
Author(s):  
Kirsty Horsey

This chapter focuses on legal parenthood. It first considers how legal parenthood is determined when children are born following ‘natural’ conception. It then considers developments in assisted reproductive technologies, which often leave a wider pool of people who might potentially be parents, due to the separation of the biological processes of parenting as well as the social ones. The final part of the chapter looks at the legal concept of parental responsibility. This is different from and potentially wider than legal parenthood, which defines a relationship between children and their parents. Parental responsibility creates certain responsibilities in respect of the child, such as to provide a home for the child, and to protect and maintain them. Aspects of a child's life, such as choices in relation to education and medical care, also fall within the ambit of parental responsibility.

2021 ◽  
pp. 01-02
Author(s):  
Urmila G

What’s a Lemon Squeezer Doing in My Vagina? is a memoir of Rohini S Rajagopal’s excruciating five-year long fight with infertility and her journey to motherhood. After several failed attempts at natural conception and many negative home pregnancy tests, the author and her husband Ranjith visit a fertility centre in Bangalore. Rajagopal delivers a graphic description of the physical and emotional unpleasantness of her infertility treatment and also gives a vivid account of her experiences with the assisted reproductive technologies (ARTs) such as the intrauterine insemination (IUIs), in-vitro fertilisation (IVF) and intracytoplasmic sperm injection (ICSI). Intrauterine Insemination (IUI) is facilitated by directly injecting a man’s sperm into the woman’s uterus around the time the eggs emerge from the ovaries.


2018 ◽  
Vol 36 (03/04) ◽  
pp. 240-248 ◽  
Author(s):  
Laren Riesche ◽  
Marisa Bartolomei

AbstractAs the biological bridge between mother and fetus, the placenta is not only important for the health of the mother and fetus during pregnancy but it also impacts the lifelong health of the fetus. Assisted reproductive technologies (ARTs) involve procedures and exposures that are not characteristic of in vivo reproduction. Moreover, ART procedures occur when the gametes and embryos are undergoing extensive epigenetic reprogramming. Thus, the oxidative, thermal, and mechanical stress that ART procedures introduce can impact the biological processes of placental growth, development, and function with potentially long-lasting health effects for the offspring. Here, we focus on the placenta and summarize the clinical, morphological, and molecular outcomes of ART. This review highlights that ART procedures have additive effects on placental morphology as well as epigenetic disturbances and provides a foundation for reconceptualizing ART outcomes.


2021 ◽  
Vol 21 (4) ◽  
pp. 12-19
Author(s):  
E. E. Bragina

Intragametal viral infection of spermatozoa can cause true vertical transmission of viruses through germ cells. Currently, human papilloma-virus, including oncogenic risk strains, and hepatitis B virus, have been detected in spermatozoa. The possibility of vertical transmission of hepatitis B virus and human papillomavirus has been proven.Intragametal infection of spermatozoa with viruses of human papillomavirus and hepatitis B virus leads to abnormalities in the development of the embryo and can cause spontaneous abortions both duringnatural conception and when using assisted reproductive technologies.The development of adequate methods for diagnosing an intragametal spermatozoa virus infection will make it possible to find out, at least in some patients, the cause of infertility and pregnancy abnormalities and apply appropriate antiviral therapy in preparation for natural conception or the use of assisted reproductive technologies.


Author(s):  
Oksana Pokalchuk

Keywords: moral rights, assisted reproductive technologies, legal category The author analyzes the legal concept of «assisted reproductive technologies», which is presentedin the works of Ukrainian and foreign scientists. Given the nature and essence of theuse of assisted reproductive technologies as social relations, the author concludes thatthe main part of the researches belongs to the Civil Law branch of scientific knowledge.It is because the right to assisted reproductive technologies is a part of the system ofmoral rights which are the part of the regulation of Civil Law. At the same time, withinthe legal literature the doctrinal understanding of assisted reproductive technologieshave rather multifaceted, but ambiguous nature of its' scope.Thus, the content of the views of scientists which are analysing in the article, reflectsthe provisions on: a) the functional purpose of assisted reproductive technologies; b) thecontent of their application in the determined cases; c) their instrumental understandingas a set of manipulations (methods, techniques, etc.); d) the exceptional importance of these technologies as the main means of overcoming infertility and solving demographicproblems of today; e) innovative nature of use in the medical field.In addition, at the level of modern legal doctrine, the scientific researches of legal aspectsof assisted reproductive technologies is multi-vector, especially in terms of studyingtheir medical and legal nature, content and consequences, accompanied by increasingrelevance of their knowledge under the influence of rapid medical development, inventionand implementation of new medical technologies, including in the field of human reproduction.Generally modern scientific researches on the legal aspects of assisted reproductivetechnologies is represented by a wide range of scientific works, but most of them aremulti-vector in nature, and scientific conclusions are mostly scattered and not systematized.In fact, the «harmony» of the conceptual and categorical apparatus for assisted reproductivetechnologies is important for the formulation of a scientific problem and thedefinition of methods for its further resolving.


Author(s):  
Marie-Claire Foblets

Legal practitioners have much to gain by drawing on findings and insights from anthropological studies of kinship. This chapter first sketches the background of kinship studies in anthropology (including criticisms of the functionalist approach that led to a turn away from kinship studies), summarizes key questions that have preoccupied kinship scholars, and draws two important lessons that can help inform legal practice. The first is the profoundly social and cultural nature of kinship (as opposed to biological); the second is the observation that what may nowadays, at first glance, appear as new ways of organizing and expressing kinship ties in fact show more continuity than disruption. The author illustrates these lessons on the basis of four examples: (a) blended families; (b) same-sex unions; (c) the role of fathers in childrearing; and (d) sexual permissiveness. The chapter next details two specific contexts in which attention to an anthropological approach to kinship can productively inform legal practice. The first involves new advances in assisted reproductive technologies (ART) that challenge the more ‘traditional’ understandings of what constitutes a family as expressed in many state legal systems. The second is the enduring importance of kinship as a form of support that provides reliable protection against the increased vulnerability caused by globalization, marginalization, and persecution. The chapter concludes with some thoughts on the inherent tension between the idea of universal human rights and the constraints on individual self-determination that are often part and parcel of the social support that kinship systems provide.


2020 ◽  
Vol 7 (1) ◽  
pp. 150-168
Author(s):  
Nadja Milewski ◽  
Sonja Haug

Abstract This study examines women’s attitudes toward the own use of assisted reproductive technologies (ART) by their religious affiliation in Germany. The social relevance of ART is increasing in Western countries due to overall low birth rates, a high rate of childlessness, and a gap between the desired and the actual numbers of children. Previous literature has been scarce, however, on attitudes toward ART, and religious diversity has not been included in studies on ART. Our analysis is based on data collected in a pilot study in 2014 and 2015. The sample includes 944 women aged 18 to 50 living in Germany. The results show that Muslim women were significantly more likely than Christian women to say they would consider using ART; having no religious affiliation was associated with the least open attitude toward ART usage.


Societies ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 7
Author(s):  
Catarina Delaunay ◽  
Amélia Augusto ◽  
Mário Santos

The burden of deciding the fate of the supernumerary human embryo created in vitro in the context of Assisted Reproductive Technologies rests on the beneficiary couples or individuals who conceived the parental project. The beneficiaries must also take on the responsibility of choosing whether to donate surplus embryos either to others or to scientific research, or to request their destruction. Vulnerable beings, weakened from the point of view of their identity (facing the social stigma still associated with some circumstances such as being infertile, lesbian or a single mother), are required to have skills such as reflexivity and autonomy in dramatic situations that concern their relationship with their own reproductive body. Given the urgency of this issue at the socio-anthropological level, we are conducting ethnographic research aimed at analysing how specialists and lay people objectivate, evaluate and circulate different conceptions of the human embryo in vitro. Based on our research experience within this ongoing project, we intend to discuss some ethical, practical and methodological concerns for the researcher in accessing the field and conducting fieldwork. We take into account the fact that this research is focused on sensitive topics and on individuals who can be considered people in vulnerable situations.


2016 ◽  
Vol 5 (2) ◽  
pp. 62-66
Author(s):  
M.E. Lantsburg

The twentieth century marked a number of significant changes in the social development, there have been significant changes in the development of the institution of the family. But if a family crisis was the subject of many articles and books, some new trends with regard to human parenthood paid not much attention. This article provides an overview of foreign and Russian research aimed at ascertaining and understanding appeared in the twentieth century and have been widely used in the twenty-first century phenomena related to parenthood, such as the decline in fertility, the voluntary renunciation of child birth, delaying the birth of their first child, the use of assisted reproductive technologies. The article also presents the results of research carried out under the supervision of the author


2012 ◽  
Vol 61 (3) ◽  
pp. 132-140 ◽  
Author(s):  
Olga Gavrilovna Chiryaeva ◽  
Anna Andreevna Pendina ◽  
Andrey Vladimirovich Tikhonov ◽  
Olga Alekseevna Efimova ◽  
Lubov Ivanovna Petrova ◽  
...  

The present paper summarizes results of cytogenetic study of 679 chorionic samples from miscarriages following natural conception and assisted reproductive technologies. Frequency and spectrum of karyotype pathology and its correlation with maternal age and term of gestation are analyzed. The results are compared and discussed with relevant other studies


2021 ◽  
Vol 21 (4) ◽  
pp. 20-30
Author(s):  
E. E. Bragina

Intragametal viral infection of spermatozoa can cause true vertical transmission of viruses through germ cells. Currently, human immunodeficiency virus, hepatitis C viruses, herpes simplex virus, cytomegalovirus, Zika virus have been detected in spermatozoa. The possibility of vertical transmission of human immunodeficiency virus, cytomegalovirus, herpes simplex virus and Zika virus has been proven.Intragametal infection of spermatozoa with viruses of the herpes group leads to abnormalities in the development of the embryo and can cause spontaneous abortions both during natural conception and when using assisted reproductive technologies.The development of adequate methods for diagnosing an intragametal spermatozoa virus infection will make it possible to find out, at least in some patients, the cause of infertility and pregnancy abnormalities and apply appropriate antiviral therapy in preparation for natural conception or the use of assisted reproductive technologies.


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