Reproductive Technologies and the Law: Norplant and the Bad Mother: Margot E. Young

2012 ◽  
pp. 267-289
1995 ◽  
Vol 21 (3-4) ◽  
pp. 259-281 ◽  
Author(s):  
Margot E. Young

Author(s):  
Lois Harder

Abstract Drawing primarily from the Canadian case, this paper explores the process of birthright citizenship determination for children born abroad through the use of assisted reproductive technologies. The determination of parentage is central to these cases, raising issues of how parental status is defined in the law—through biology, intentionality, and/or matrimony. Moreover, the complexities of defining who is a child and who is a parent, in order to determine who is a citizen, reveal fundamental contradictions in the consent-based model of liberal citizenship.


2021 ◽  
pp. 454-522
Author(s):  
Polly Morgan

In the past, the identity of a child's mother was always clear. However, thanks to reproductive technologies, a woman can gestate, nourish, and give birth to a child to whom she is not genetically connected. In addition, a person can be legally male and conceive, carry, and give birth to a child. The law has had to adapt to these circumstances. This chapter looks at how the law has defined parentage. It considers reproductive technologies and the various permutations of conception that exist today. It then turns to parental responsibility before concluding by looking at the position of unmarried fathers.


Author(s):  
Judith Daar

This chapter calls for the democratization of ART. Exposing the many ways in which reproductive assistance is withheld, denied, deprived, and revoked is to also reveal the widespread need and desire for its adoption. The mismatch between the current use and current need for ART motivates these analyses that critique the law and policy that permit access barriers to persist. The actionable recommendations set out herein can help shift the course of ART access to a more democratic future. Even if no such reforms are taken up, the chapter remains hopeful that external factors will coalesce to widen access to reproductive technologies. Global and national changes that, in some instances, are seemingly unrelated to ART will usher in an era of greater availability and access to reproductive assistance.


2013 ◽  
Vol 41 (1) ◽  
pp. 240-253 ◽  
Author(s):  
Erin Nelson

Lawyers (and others) tend to look to the law to resolve disputes and to create certainty about the rights and responsibilities of parties to relationships. There is a particularly acute need for certainty in the context of global trade in surrogacy services, both because of the number of parties who may be involved in creating familial relationships and because of the vulnerabilities created as a result of surrogacy arrangements. Participants in the Global Health Challenges conference (on which this special issue is based) were invited to consider to what extent law is implicated in global health challenges — both in terms of how law might help to resolve the challenges, and (as is particularly of interest in international surrogacy), how law might contribute to or create these challenges.


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