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Families, Relational Attachments, and the Law of Collaborative Family-Making
"Pointing to a range of legal dilemmas and ethical concerns, this book sets forth a crisis at the heart of modern family law's treatment of "collaborative family-making": gamete contributions, surrogate motherhood, adoption, functional parenthood, foster care, and kin caregiving. Born of inequality and anchored by exclusivity and secrecy, the dominant acquisitional legal frame is starkly disconnected from empirical accounts of the lived experience of collaborations, which demonstrate complex relational attachments. At the intersection of law and sociology, the work challenges the law to account for relational realities that fail to conform to neat legal categories, asking: How should the law...
Diversity and European Human Rights
A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
Reproductive Health and Assisted Reproductive Technologies In Sub-Saharan Africa
This book focuses on reproductive health rights and assisted reproductive technologies (ART) in sub-Saharan Africa. Each chapter is connected to the other by focusing on different aspects of ART as a means of achieving conception. Topics such as regulation of ART practices, surrogacy and specific aspects of ART, which are gradually becoming acceptable but largely unregulated in Africa, promises to be of interest to scholars, researchers and fertility practitioners. Research in the book take a rights based approach and ethical analysis of ART practice in sub-Saharan Africa by authors from diverse backgrounds bringing together law and society perspectives. Readers stand to gain new knowledge on the societal, legal, medical and psychological requirements, effects and challenges of reproductive health rights and ART in the African context. The book is also relevant to UN Sustainable Development Goal 3: Good Health and Well-being, given that it promotes and advocates for access to reproductive healthcare for persons who have difficulty or are unable to conceive without medical assistance.
Patients with Passports
Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hi...
Research Handbook on Family Justice Systems
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
Critically Ill Children and the Law
A series of recent high-profile court cases has demonstrated the inadequacy of current laws in addressing issues relating to medical treatment decisions involving seriously ill children. The challenges of determining that life-sustaining medical treatment is not in a young child’s best interests have resulted in criticism of the best interests principle. This book explores the theoretical foundations of the best interests principle, and alternatives offered in the academic literature, to allow readers to understand why the principle remains contentious despite its prevalence. It provides theoretical background, exploration of what occurs in practice, and proposes a novel approach to addres...
The Contested Place of Religion in Family Law
Examines clashes over religious liberty spanning the life cycle of families - from birth to death.
Feminist Judgments
Fifty feminist law professors come together to rewrite twenty-five major Supreme Court opinions on gender justice and equality.
Essentially a Mother
"Essentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. As Jennifer Hendricks documents, courts have shockingly held over the past half century that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears, and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to an abortion, treated surrogate mothers as mere vessels with no moral rights to their offspring, and handed biological fathers-even those who became fathers through rape-automatic rights over women and their children. The law of pregnancy is now infected with a misogyny that has brought tragedy to innumerable women and even to many men who don't meet the traditional definition of a father. In this incisive and groundbreaking book, Hendricks argues that feminists must work to overthrow this skewed value system that subordinates women, devalues caregiving, and strips many of us of one of our most fundamental rights: the right to parent"--
Assisted Reproductive Technology
As more people turn to assisted reproduction, the legal issues surrounding it have become increasingly complex. Beyond representing patients or clinics, numerous legal problems are arising from the technology's application. Disputes in divorce are the most common, but this technology impacts the law in other areas, including personal injury, insurance, criminal law, and estate planning. Drawing from multiple legal sources, this book presents complex information in a direct, balanced and fair manner. It includes glossary, sample forms and checklists, and bibliography.
