Family Law: Court Determines Child Conceived
نویسنده
چکیده
ALTHOUGH the gap between socio-scientific developments and the law may not be altogether undesirable,' the recent case of Gursky v. Gurshy2 is a graphic illustration of the bizarre result which may be reached by the application of traditional legal concepts to modem developments in medicine and sociology. In Gursky a New York supreme court applied the words "out of wedlock" in a narrow sense and concluded that a child conceived by artificial insemination with the semen of a third party donor (A.I.D.)3 is illegitimate, regardless of the written consent of the mother's husband. 4 The question whether a child conceived by this means is illegitimate is not merely academic since every year a large number of births result from this process. 5
منابع مشابه
Perspective of a Juvenile Court Judge Judge
The juvenile court judge occupies a unique position. Like all other judges, the juvenile court judge must apply the law to resolve a dispute. For juvenile court judges handling abuse and neglect cases, however, the law requires a new type of role. The judge must monitor whether child welfare agencies have provided services to individual children and families sufficient to comply with federal an...
متن کاملAccess to Fertility Treatments for Homosexual and Unmarried Persons, through Iranian Law and Islamic Perspective
Background A family traditionally consisted of a married man, his wife, and their children. The new reproductive technologies including use of the third party as egg, sperm and embryo donation and also surrogacy have changed the traditional meanings of lineage, ancestry and family. The increasing number of lesbians and gays in addition to single women requesting fertility treatment from IVF cen...
متن کاملLucy McGough panel on battered children and the legal process.
(Editor's Comment: To deal with the practical aspects of getting child abuse cases into court and deciding them in court, Professor Lucy McGough of the Emory Law School, an authority on juvenile law, organized a panel consisting of a juvenile court solicitor who handles deprivation cases, an attorney who has represented the Department of Family and Children Services in their abuse cases, and a ...
متن کاملLess than Family: Surrogate Birth and Legal Parent-Child Relationships in Japan
Japan has no legislation regulating artificial reproductive technology. In surrogate birth, social parents may only register a legal relationship with the child in the Japanese family register, the koseki, using the three current categories of parent-child relationship in Japanese family law: natural, ordinary adoption and special adoption. In 2007, Japan’s Supreme Court dashed the hopes of Jap...
متن کاملWoozles: Their Role in Custody Law Reform, Parenting Plans, and Family Court
In the international debates on custody law reform and in individual custody decisions in families and in courts worldwide, social science research is often misused and abused. In this article I describe the process by which data can become distorted in ways that steer policymakers, family court personnel, and parents off course in regard to child custody decisions. I illustrate this process wi...
متن کامل