scholarly journals Legal Parentage “By Design”: Reimagining Birth Certificates in Aotearoa New Zealand

2021 ◽  
Author(s):  
◽  
Ruth Ballantyne
Keyword(s):  
New Zealand ◽  
Birth Certificate ◽  
Legal Protection ◽  
Human Reproduction ◽  
Birth Certificates ◽  
Negative Consequences ◽  
Assisted Human Reproduction ◽  
Rights Of The Child ◽  
Aotearoa New Zealand ◽  
The World

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>

scholarly journals Legal Parentage “By Design”: Reimagining Birth Certificates in Aotearoa New Zealand

2021 ◽  
Author(s):  
◽  
Ruth Ballantyne
Keyword(s):  
New Zealand ◽  
Birth Certificate ◽  
Legal Protection ◽  
Human Reproduction ◽  
Birth Certificates ◽  
Negative Consequences ◽  
Assisted Human Reproduction ◽  
Rights Of The Child ◽  
Aotearoa New Zealand ◽  
The World

<p>This thesis highlights two significant flaws in birth certification and legal parentage regimes in Aotearoa New Zealand that negatively impact children conceived and raised in an array of diverse family structures. First, birth certificates currently reflect a child’s legal parentage, excluding any reference to a child’s genetic or gestational origins. This thesis draws on social constructionist conceptions of the self and narrative identity theory, alongside Māori understandings of aspects of whakapapa, to demonstrate that birth certificates should incorporate more information about a child’s origins, and that a failure to do so can have negative consequences for a child’s identity development. To rectify these informational deficits, this thesis argues for the reform of birth certification in Aotearoa New Zealand. It demonstrates the nature and potential of these reforms through the creation of a prototype birth certificate for all children that incorporates their genetic, gestational, and legal parentage.  Second, this thesis claims that the current model of legal parentage, which permits a child to have a maximum of two legally recognised parents at any given time, does not reflect the lives of children who are intentionally brought into the world and raised by more than two individuals. Rather, it embodies historic understandings of legal parentage that privilege traditional heterosexual western forms of reproduction, and fails to account for the realities of assisted human reproduction and modern-day family formation. Expanding the operation of legal parentage to incorporate all of a child’s parental figures (and including them on the child’s birth certificate from the outset) would provide greater legal protection for children born into multi-parent families, in line with that currently enjoyed by children with one or two legal parents. Therefore, this thesis develops an intentional model of legal parentage accommodating more than two legal parents where a child is conceived by assisted human reproduction in specified circumstances.  Reimagining birth certificates and legal parentage as proposed in this thesis would better reflect the social and narrative realities of identity formation, especially for children, whereby who they become is greatly shaped by the individuals in their lives and their experiences in the world. It would also better meet our obligations under the United Nations Convention of the Rights of the Child, as well as possibly affording greater respect to Māori conceptions of identity, which is of fundamental importance given the classification of whakapapa as a taonga guaranteed protection under Te Tiriti o Waitangi. The expansion of legal parentage beyond the two-parent paradigm would also provide greater legal protection to children in Aotearoa New Zealand, arguably making this area of family law consistent with a legal framework that is otherwise well attuned to recognising the diversity and complexity of family relationships.</p>

scholarly journals Should Surrogate Pregnancy Arrangements be Enforceable in Aotearoa New Zealand?

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Rhonda M. Shaw
Keyword(s):  
New Zealand ◽  
Regulatory System ◽  
Legal Issues ◽  
Human Reproduction ◽  
Surrogate Mothers ◽  
Assisted Human Reproduction ◽  
Aotearoa New Zealand ◽  
Egg Donors ◽  
Ethical And Legal Issues ◽  
Regulatory Model

Aotearoa New Zealand has no unified regulatory system governing the ethical and legal issues that arise with surrogate pregnancy arrangements. Accordingly, legal scholars and moral philosophers have recently called for revision to parentage and payment around surrogacy. Several academics have additionally suggested making surrogate pregnancy arrangements enforceable under New Zealand law. This discussion combines empirical research with key informants and experts working in the field of assisted reproduction with interview data from surrogate mothers and ovarian egg donors about their experiences of donating reproductive materials and services. The aim of the article is to expand the conceptual toolkit of assisted human reproduction to better understand the donative acts of women who share their reproductive materials and services, and to critically examine calls to introduce a regulatory model that makes surrogacy enforceable in light of concerns about the relational complexities of these arrangements.

scholarly journals Perlindungan Hukum Terhadap Hak Anak Indonesia Di Kelurahan Bekasi Jaya

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Adi Nur Rohman ◽  
Fransiska Novita Eleanora
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Civil Law ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Rights ◽  
Self Identity ◽  
Rights Of The Child ◽  
The Government

AbstrakAnak merupakan generasi penerus bangsa yang berhak atas perlindungan hukum yakni sejak berada dalam kandungan ibunya, sampai dilahirkan. Pemenuhan hak-hak yang paling pokok diberikan adalah berhak atas kebutuhan pokoknya (sandang, pangan, dan papan), berhak atas pendidikan, pengajaran, kesehatan, tidak diskriminasi, dan menghargai pendapat anak khususnya anak yang ada di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur. Selain mendapatkan pendidikan di Kelurahan Bekasi Jaya Kecamatan Bekasi Timur, ini, perlu juga didapatkan hak-hak lainnya seperti yang diatur dalam UU No. 39 Tahun 1999 tentang Hak Asasi Manusia (HAM). Secara jelas, pengaturan pemenuhan hak anak ada dalam bidang perdata dan pidana. Perlindungan hukum atas bidang hukum perdata adalah identitas diri (akte kelahiran), yang sangat sulit untuk didapatkan khsusnya bagi mereka yang tergolong tidak mampu (keluarga miskin), dan seharusnya pemerintah menyediakan sarana pembuatan akte kelahiran secara gratis tanpa dipungut biaya sebegai bentuk perlindungan terhadap warganya, dan yang ke-2 dalam bidang hukum perdata adalah berhak untuk mendapatkan kewarganegaraan yaitu seorang anak yang dilahirkan dari perkawinan campuran berhak untuk mendapatkan kewarganegaraan, jika masih dibawah umur, mengikuti warganegara ibunya, tetapi jika usianya diatas 18 tahun dan sudah dewasa, berhak untuk menentukan mengikuti warganegara ayah atau ibunya. Perlindungan hukum akan pemenuhan hak-hak anak dibidang hukum pidana, melindungi anak baik sebagai pelaku ataupun korban dari suatu tindak pidana yang terjadi, hak yang diberikan kepada anak sesuai dengan ketentuan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (SPPA) yaitu Diperlakukan secara manusiawi dengan memperhatikan kebutuhan sesuai dengan umurnya. Dipisahkan dari orang dewasa, memperoleh bantuan hukum dan bantuan lain secara efektif melakukan kegiatan rekreasional, Bebas dari penyiksaan, penghukuman atau perlakuan lain yang kejam, tidak manusiawi, serta merendahkan martabat atau derajatnya baik dilingkungan keluarga atau masyarakat, hukuman mati atau seumur hidup tidak dijatuhi/diberikan kepada anak,  Upaya terakhir yang diberikan adalah ditangkap, ditahan dan dituntut dimuka pengadilan,  memberikan keadilan yang objektif dan tidak memihak, identitasnya tidak boleh dipublikasikan untuk umum dan sidangnya harus bersifat tertutup agar dapat kejiwaan/psikologinya tidak terganggu. Serta memperoleh pendampingan dari orang tua/wali dan orang yang dipercaya oleh anak, memperoleh advokasi, memperoleh kehidupan pribadi serta dapat menyelesaikan kasusnya diluar pengadilan melalui diversi dengan menempuh restorative justice, yaitu prose penyelesaian perkara pidana anak dari proses peradilan pidana ke proses di luar peradilan pidana. Diversi dilakukan selama 30 hari untuk mencapai kesepakatan antar kedua belah pihak.kata kunci : Perlindungan, Hukum, Hak, Anak  Abstract The child is the next generation of the nation who is entitled to the protection of the law that is since being in the womb of his mother, until birth. The fulfillment of the most basic rights given is entitled to his basic needs (clothing, food, and boards), is entitled to education, teaching, health, non-discrimination, and respect the opinions of children, especially children in Jaya Bekasi Sub-District, East Sub district in Bekasi. In addition to obtaining education in Jaya Bekasi Sub-District, Bekasi East Sub district, it is necessary to obtain other rights as regulated in Law no. 39 of 1999 on Human Rights (HAM). Clearly, the arrangement of the fulfillment of the rights of the child is in the civil and criminal field. Legal protection of civil law is a self-identity (birth certificate), which is very difficult to obtain especially for those who are classified as poor (poor families), and the government should provide the means of making birth certificates for free of charge as a form of protection against its citizens, and the second in the field of civil law is entitled to a nationality of a child born of a mixed marriage entitled to acquire citizenship, if still under age, following his mother's citizenship, but if he is over 18 years old and an adult, the citizen of his father or mother. Legal protection for the fulfillment of the rights of the child in the field of criminal law, protecting the child either as the perpetrator or the victim of a criminal act, the rights granted to the child in accordance with the provisions of Law Number 11 Year 2012 on the Criminal Justice System Treated humanely with attention to the needs according to age. Separated from adults, obtaining legal assistance and other assistance effectively undertaking recreational activities, Freedom from torture, punishment or other cruel, inhuman or degrading treatment or degradation either in the family or community environment, death penalty or life imprisonment not served / given to the child, the last endeavor is to be arrested, detained and prosecuted before the court, giving objective and impartial justice, his identity shall not be publicly published and his trial shall be closed to his psychology unaffected. As well as obtaining assistance from parents / guardians and people trusted by the Child, getting advocacy, obtaining personal life and can solve his case outside the court through diversion through restorative justice, the process of settling criminal cases of children from the criminal justice process to proceedings outside the criminal justice. Divers conducted for 30 days to reach agreement between both parties.Keywords: Protection, Legal, Rights, Child  

Against Global Literary Studies

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jacob Edmond
Keyword(s):  
Comparative Literature ◽  
New Zealand ◽  
World Literature ◽  
Literary Studies ◽  
Aotearoa New Zealand ◽  
Institutional Frameworks ◽  
The World

Abstract Literary studies has taken a global turn through such institutional frameworks as global romanticism, global modernism, global anglophone, global postcolonial, global settler studies, world literature, and comparative literature. Though promising an escape from parochialism, nationalism, and Eurocentrism, this turn often looks suspiciously like another version of Anglo-European imperialism. This essay argues that, rather than continue the expansionary line of recent decades, global literary studies must allow other perspectives to draw into question its concepts, practices, and theories, including those associated with the terms literature, discipline, and comparison. As a settler colonial (Pākehā) scholar in Aotearoa New Zealand, I attend particularly to Māori literary scholars from Apirana Ngata, Te Kapunga Matemoana (Koro) Dewes, and Hirini Melbourne to Alice Te Punga Somerville, Tina Makereti, and Arini Loader. Their work highlights the limitedness of global literary studies in its current disciplinary guise. Disciplines remain important when they bring recognition to something previously marginalized, as in the battle to have Māori literature recognized within Pākehā institutions. What institutionalized modes of global literary studies need, however, is not discipline but indiscipline: a recognition of the limits of dominant disciplinary objects, frameworks, and practices, and an openness to other ways of seeing the world.

scholarly journals Taking a Strength-Based Approach: Bringing Student Homes into Schools During a Pandemic

2021 ◽  
pp. 195-209
Author(s):  
Jodie Hunter ◽  
Roberta Hunter ◽  
John Tupouniua ◽  
Generosa Leach
Keyword(s):  
New Zealand ◽  
Open Economy ◽  
Mathematics Teaching ◽  
Teaching And Learning ◽  
Well Being ◽  
Low Socioeconomic ◽  
Aotearoa New Zealand ◽  
Strength Based ◽  
The World ◽  
Mathematics Teaching And Learning

AbstractThe COVID-19 pandemic has caused new ways of doing and being, both in education systems and beyond across the world. In the context of Aotearoa/New Zealand, the widely supported government approach focused on the well-being of the nation with a position that saving lives was more important than maintaining an open economy. As researchers and educators, we supported teachers as they worked with their students in their home settings. This provided us with an opportunity to explore a vision of a reinvented system of mathematics education beyond institutional and formal structures of schools. In this chapter, we present the analysis of the responses from 24 educators mainly from low socioeconomic urban settings as they reflected on how they enacted mathematics teaching and learning during the lockdown while connecting with students and their families as well as their subsequent learning from this experience. Results highlighted that the mathematical learning of students went beyond what was accessed by digital means and included parents drawing on rich everyday opportunities. A key finding was that by supporting and privileging the well-being of students and communities, the connections and relationships between educators and families were enhanced.

scholarly journals Implementasi Penerbitan Akta Kelahiran bagi Anak-Anak Terlantar di Kota Denpasar

2021 ◽  
Vol 2 (1) ◽  
pp. 13-18
Author(s):  
Anak Agung Sagung Nandya Pramesti ◽  
Ida Ayu Putu Widiati ◽  
I Nyoman Sutama
Keyword(s):  
Social Service ◽  
Foster Children ◽  
Birth Certificate ◽  
Legal Protection ◽  
Birth Certificates ◽  
Legal Basis ◽  
Neglected Children ◽  
Laws And Regulations

Denpasar City as the capital of Bali Province is currently struggling to overcome the problem of neglected children    Data from the Denpasar City Social Service recorded that in 2019 there were 14 orphanages with 470 foster children. The problem raised in this study is to determine legal protection and its impact on neglected children who do not have a birth certificate in Denpasar City For neglected children in Denpasar City to get a birth certificate has a legal basis which is regulated in the applicable laws and regulations in accordance with the provisions governing the birth certificate of neglected children  The Department of Population and Civil Registry of Denpasar City has issued birth certificates for all neglected children who are applied for by the orphanage where they live  Neglected children who have received a birth certificate will have an impact on their right to identity.

scholarly journals Translation and Continuity of Tradition: An Ongoing Dialogue in Aotearoa (New Zealand)

2021 ◽  
pp. 371-384
Author(s):  
Jaspreet Kaur ◽  
Renata Jadresin Milic
Keyword(s):  
New Zealand ◽  
Current State ◽  
Aotearoa New Zealand ◽  
The People ◽  
The World ◽  
Migratory History ◽  
Architectural Tradition ◽  
Ongoing Dialogue

Though short, Aotearoa/New Zealand’s history is rich and holds an abundance of knowledge preserved in the form of songs, beliefs, practices, and narratives that inform this country’s unique place in the world as well as the identity of its people. This paper observes that with migratory history and a heritage of colonization, the people of Aotearoa/New Zealand express three identities: indigenous, colonial and migrant, all with a claim to appropriate representation in the country’s built fabric. It discusses the current state of knowledge by looking at the history and architectural tradition manifested in Auckland, the largest and fastest-growing city in Aotearoa. It adds that further research is required to understand and develop an appropriate methodology to address Auckland’s growing multiculturalism, which lacks adequate expression.

Posthumous Reproduction: A Consideration of the Medical, Ethical, Cultural, Psychosocial and Legal Perspectives in the New Zealand Context

2002 ◽  
Vol 5 (4) ◽  
pp. 259-279 ◽  
Author(s):  
Alison Douglass ◽  
Ken Daniels
Keyword(s):  
New Zealand ◽  
Multidisciplinary Approach ◽  
Ethics Committee ◽  
Human Reproduction ◽  
Assisted Human Reproduction ◽  
Posthumous Reproduction

This paper describes the development of New Zealand policy on posthumous reproduction in assisted human reproduction. It outlines five perspectives: medical, ethical, cultural, psychosocial and legal and shows the multidisciplinary approach taken by the National Ethics Committee. It is argued that each of these perspectives has important contributions to make to the multidisciplinary approach. The guidelines determined by the Committee are outlined, along with the processes used in arriving at these.

Conception, construction and the cultural significance of Te Parapara Garden in Hamilton, Aotearoa New Zealand

2021 ◽  
Vol 9 (2) ◽  
pp. 179-198 ◽  
Author(s):  
Wiremu T. Puke
Keyword(s):  
New Zealand ◽  
Cultural Significance ◽  
Cultural Importance ◽  
Aotearoa New Zealand ◽  
Academic Researchers ◽  
The World ◽  
International Visitors ◽  
Ongoing Functioning ◽  
Initial Concept ◽  
Waikato River

Te Parapara Garden is the only complete pre-European-style Māori horticultural garden in the world. Historically inspired and empirically researched, it lies within the Hamilton Gardens on a young river terrace immediately adjacent to the Waikato River in Hamilton (Kirikiriroa), Aotearoa New Zealand. In this article, Wiremu Puke (Ngāti Wairere, Ngāti Porou) – a tohunga whakairo (master carver, including using pre-steel tools) and a tohunga whakapapa (genealogical expert on his tribal affiliations) of Ngāti Wairere (the mana whenua, or first people of the traditional ancestral tribal lands of Kirikiriroa) – describes the design and development of Te Parapara Garden from its initial concept in 2003 and the construction of its many features, including the waharoa (gateway), pou (carved pillars), pātaka (storehouse), whatarangi (small storehouse), taeapa (fencing) and rua kūmara (underground storage pit), and the sourcing and use of kōkōwai (red ochre). The garden was completed in 2010. Its ongoing functioning, including the annual planting and harvesting of traditional pre-European kūmara (sweet potato) using modified, mounded soils (puke or ahu), is also covered. The unique Te Parapara Garden is of great cultural importance and a source of pride, knowledge and understanding for national and international visitors and empirical and academic researchers.

Without borders: community development, biculturalism and multiculturalism

2017 ◽  
Author(s):  
Angela Summersgill
Keyword(s):  
Social Work ◽  
New Zealand ◽  
Community Development ◽  
Ethnic Groups ◽  
Mixed Race ◽  
Aotearoa New Zealand ◽  
The World

Aotearoa/New Zealand is considered one of the most multicultural countries on the planet. The 2013 census revealed that ‘New Zealand has more ethnicities than there are countries in the world. In total, 213 ethnic groups were identified in the census, whereas there are 196 countries recognised by Statistics New Zealand’. This chapter shares some of the issues, experiences, questions, and practice implications arising for the author, a mixed-race, British-born community development practitioner and social work educator living in Aotearoa. She has sought to better understand the issues and questions regarding the coexistence of biculturalism and multiculturalism; and to question what it might be that we separately and collectively need to do in order to move forward with respect and inclusivity.

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