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This book analyzes estates and trusts cases through a feminist lens using some of the most popular feminist legal theories.
Posthumous reproduction refers to the procedure that enables a child to be conceived using the gametes of a dead person. Advances in reproductive technology mean it is now possible to assist in creating a life after you die, and in recent years the number of women who have attempted to get pregnant using posthumous reproduction has increased. However, the law in many jurisdictions has not put regulations in place to deal with the ethical and legal consequences that arise as a result of posthumous reproduction. This is the first book to exclusively focus on posthumous reproduction. The book comprehensively explores the legal and ethical issues surrounding posthumous reproduction in a number o...
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. In Papa’s Baby, Browne C. Lewis argues that the courts should take steps to insure 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. Lewis supplements her argument with 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, she first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.
Nadya Suleman conceived fourteen children using artificial insemination. Michael Jackson and Clay Aiken became fathers using surrogates. These and other high profile cases have shined the spotlight on the need to insure that children have adults who are financially responsible for providing for them. As the number of ways to create a family has increased, the number of legal classes of children has expanded. That expansion has impacted the inheritance system. The Inheritance Rights of Children in the United States focuses upon the inheritance rights of the following classes of children: marital children, adopted children, non-marital children, stepchildren, posthumously conceived children, children conceived by artificial insemination, and children conceived under surrogate arrangements. It uses cases, statutes, and problems to highlight the legal issues that have arisen due to the existence of so many classes of children. This book is appropriate for use as the primary text for both classes and seminars.
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