Surrogacy and the Politics of Commodification
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Pregnancy, Maternal Unbound. Genesis of Filicide and Child Abuse María Teresa Sotelo Morales* 1President-Fundación En Pantalla Contra La Violencia Infantil, Mexico
www.symbiosisonline.org Symbiosis www.symbiosisonlinepublishing.com Research Article International Journal of pediatrics & Child Care Open Access Pregnancy, Maternal Unbound. Genesis of Filicide and Child Abuse María Teresa Sotelo Morales* 1President-Fundación En Pantalla Contra la Violencia Infantil, Mexico. Received: February 23, 2018; Accepted: March 06, 2018; Published: March 09, 2018 *Corresponding author: María Teresa Sotelo Morales, President-Fundación En Pantalla Contra la Violencia Infantil, Mexico, Tel: 55 56899263; E-mail: [email protected] Some academic studies, attribute to the depressive and / or Abstract This work supports the hypothesis that the origin of child abuse the depressive state, propitiates the detonation of the crime, and homicide, perpetrated by the mother, occurs during the gestational howeveranxiety state the inemotionally the mother disconnected a filicidal act. mothers It is recognized of their babythat stage, birth, and postnatal period, in women who do not created with depression and violence risk factors, commit the criminal during these stages, an affective bond with the baby / nasciturus, offense, hence, the lack of attachment during pregnancy, and alternately the woman, was suffering from some personality disorder most frequency depression, psychosis, anxiety, suicide attempts, low perinatal period, is the critical factor in child abuse or homicide. tolerance of frustrating, poor impulse control, among chaotic living With the purpose to test the feasibility of foreseeing, the conditions. risk factors in pregnant women trigger child abuse, we at the From 2009 to 2014, the FUPAVI’s foundation, applied a test of 221 foundation En Pantalla Contra la Violencia Infantil “FUPAVI”, women with a background of child abuse, 189 reported rejection of monitored a survey at the Obstetric Gynecology Hospital in pregnancy, and affective disconnection to the baby, 171 of them, were Toluca IMIEM, (2014) considering in advance to prove the theory under stress, and untreated depression, or other mental disorder. -
Expert Evidence in Favour of Shared Parenting 2 of 12 Shared Parenting: Expert Evidence
Expert evidence in favour of shared parenting 2 of 12 Shared Parenting: Expert Evidence Majority View of Psychiatrists, Paediatricians and Psychologists The majority view of the psychiatric and paediatric profession is that mothers and fathers are equals as parents, and that a close relationship with both parents is necessary to maximise the child's chances for a healthy and parents productive life. J. Atkinson, Criteria for Deciding Child Custody in the Trial and Appellate Courts, Family Law Quarterly, Vol. XVIII, No. 1, American both Bar Association (Spring 1984). In a report that “summarizes and evaluates the major research concerning joint custody and its impact on children's welfare”, the American Psychological Association (APA) concluded that: “The research reviewed supports the conclusion that joint custody is parent is associated with certain favourable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict.” best The APA also noted that: the “The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody, and parent education are supported for this policy.” Report to the US Commission on Child and Family Welfare, American Psychological Association (June 14, 1995) The same American Psychological Association adopted -
Child Custody and Visitation Procedures
Kansas Legislator K a n s a s Briefing Book L e g i s l a t i v e R e s e a r c h 2015 D e p a r t m e n t D-1 Children and Youth Juvenile Services D-2 Child Custody and Visitation Procedures D-2 Child Custody In Kansas, “legal custody” is defined as “the allocation of parenting and Visitation responsibilities between parents, or any person acting as a parent, Procedures including decision making rights and responsibilities pertaining to matters of child health, education and welfare.” KSA 23-3211. Within that context, Kansas law distinguishes between “residency” and D-3 “parenting time.” Residency refers to the parent with whom the child Child in Need of lives, compared to parenting time, which consists of any time a parent Care Proceedings spends with a child. The term “visitation” is reserved for time nonparents are allowed to spend with a child. D-4 Adoption Initial Determination The standard for awarding custody, residency, parenting time, and visitation is what arrangement is in the “best interests” of the child. A trial judge can determine these issues when a petition is filed for: ● Divorce, annulment, or separate maintenance. KSA 23-2707 (temporary order); KSA 23-3206, KSA 23-3207, and KSA 23- 3208; ● Paternity. KSA 23-2215; ● Protection, pursuant to the Kansas Protection from Abuse Act (KPAA). KSA 60-3107(a)(4) (temporary order); ● Protection, in conjunction with a Child in Need of Care (CINC) proceeding. KSA 38-2243(a) (temporary order); KSA 38- 2253(a)(2)—for more information on CINC proceedings, see D-4; ● Guardianship of a minor. -
Chickasaw Nation Code Title 6, Chapter 2
Domestic Relations & Families (Amended as of 08/20/2021) CHICKASAW NATION CODE TITLE 6 "6. DOMESTIC RELATIONS AND FAMILIES" CHAPTER 1 MARRIAGE ARTICLE A DISSOLUTION OF MARRIAGE Section 6-101.1 Title. Section 6-101.2 Jurisdiction. Section 6-101.3 Areas of Jurisdiction. Section 6-101.4 Applicable Law. Section 6-101.5 Definitions of Marriage; Common Law Marriage. Section 6-101.6 Actions That May Be Brought; Remedies. Section 6-101.7 Consanguinity. Section 6-101.8 Persons Having Capacity to Marry. Section 6-101.9 Marriage Between Persons of Same Gender Not Recognized. Section 6-101.10 Grounds for Divorce. Section 6-101.11 Petition; Summons. Section 6-101.12 Notice of Pendency Contingent upon Service. Section 6-101.13 Special Notice for Actions Pending in Other Courts. Section 6-101.14 Pleadings. Section 6-101.15 Signing of Pleadings. Section 6-101.16 Defense and Objections; When and How Presented; by Pleadings or Motions; Motion for Judgment on the Pleadings. Section 6-101.17 Reserved. Section 6-101.18 Lost Pleadings. Section 6-101.19 Reserved. Section 6-101.20 Reserved. Section 6-101.21 Reserved. Section 6-101.22 Reserved. Section 6-101.23 Reserved. Page 6-1 Domestic Relations & Families Section 6-101.24 Reserved. Section 6-101.25 Reserved. Section 6-101.26 Reserved. Section 6-101.27 Summons, Time Limit for Service. Section 6-101.28 Service and Filing of Pleadings and Other Papers. Section 6-101.29 Computation and Enlargement of Time. Section 6-101.30 Legal Newspaper. Section 6-101.31 Answer May Allege Cause; New Matters Verified by Affidavit. -
Oklahoma Statutes Title 43. Marriage and Family
OKLAHOMA STATUTES TITLE 43. MARRIAGE AND FAMILY §43-1. Marriage defined. ............................................................................................................................... 8 §43-2. Consanguinity. .................................................................................................................................... 8 §43-3. Who may marry. ................................................................................................................................. 8 §43-3.1. Recognition of marriage between persons of same gender prohibited. ....................................... 10 §43-4. License required. ............................................................................................................................... 10 §43-5. Application - Fees - Issuance of license and certificate. ................................................................... 10 §43-5.1. Premarital counseling. ................................................................................................................... 11 §43-6. License - Contents. ............................................................................................................................ 12 §43-7. Solemnization of marriages. ............................................................................................................. 13 §43-7.1. Refusal to solemnize or recognize marriage by religious organization officials - Definitions. ....... 14 §43-8. Endorsement and return of license. ................................................................................................ -
Postadoption Contact Agreements Between Birth and Adoptive Families
STATE STATUTES Current Through August 2018 WHAT’S INSIDE Postadoption Contact States with enforceable Agreements Between Birth contact agreements Who may be a party to and Adoptive Families an agreement? Postadoption contact agreements are The court’s role in arrangements that allow contact or establishing and enforcing agreements communication between a child, his or her adoptive family, and members of the child’s When do States use birth family or other persons with whom the mediation? child has an established relationship, such as a foster parent, after the child’s adoption has Laws in States without been finalized. These arrangements, sometimes enforceable agreements referred to as cooperative adoption or open Summaries of State laws adoption agreements, can range from informal, mutual understandings between the birth and adoptive families to written, formal contracts. To find statute information for a particular State, go to https://www.childwelfare. gov/topics/systemwide/ laws-policies/state/. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Postadoption Contact Agreements Between Birth and Adoptive Families https://www.childwelfare.gov Agreements for postadoption contact or communication for contact after the finalization of an adoption.2 The have become more prevalent in recent years due to written agreements specify the type and frequency of several factors: contact and are signed by the parties to an adoption prior to finalization.3 There is wider recognition of the rights of birth parents to make choices for their children. Contact can range from the adoptive and birth parents Many adopted children, especially older children, exchanging information about a child (e.g., cards, letters, such as stepchildren and children adopted from foster and photos via traditional or social media) to the child care, have attachments to one or more birth relatives exchanging information or having visits with the birth with whom ongoing contact may be desirable and parents or relatives. -
Family Systems Paradigm for Legal Decision Making Affecting Child Custody Susan L
Cornell Journal of Law and Public Policy Volume 6 Article 1 Issue 1 Fall 1996 Family Systems Paradigm for Legal Decision Making Affecting Child Custody Susan L. Brooks Follow this and additional works at: http://scholarship.law.cornell.edu/cjlpp Part of the Law Commons Recommended Citation Brooks, Susan L. (1996) "Family Systems Paradigm for Legal Decision Making Affecting Child Custody," Cornell Journal of Law and Public Policy: Vol. 6: Iss. 1, Article 1. Available at: http://scholarship.law.cornell.edu/cjlpp/vol6/iss1/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Journal of Law and Public Policy by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. A FAMILY SYSTEMS PARADIGM FOR LEGAL DECISION MAKING AFFECTING CHILD CUSTODY Susan L. Brookst INTRODUCTION Sarah, a twelve-year-old child, was raped by the boyfriend of her mother, Ms. P.1 Ms. P. denied the rape. After an investigation, the state's department of human services filed a petition in juvenile court alleging that Sarah was dependent and neglected in that her mother failed to protect her from the perpetrator. The judge appointed a lawyer for Ms. P. and a separate Guardian Ad Litem ("GAL") lawyer to represent Sarah's "best interests." Despite Sarah's insistence that she wanted to remain with her mother, the judge ordered that Sarah be removed from Ms. P.'s home and placed in state custody. -
IVF Surrogacy: a Personal Perspective F 30
Australia´s National Infertility Network t e e IVF Surrogacy: h S t c a A Personal Perspective F 30 updated October 2011 In May 1988, Linda Kirkman gave birth to her niece, Alice, who was conceived from her mother (Linda’s sister) Maggie’s egg, fertilised by sperm from a donor. Maggie had no uterus and her husband, Sev, had no sperm. It was the first example in Australia (and one of the first in the world) of IVF surrogacy. Linda doesn’t call herself a ‘surrogate’ because she doesn’t feel that she is a substitute for anyone; she is a gestational mother. By the time Linda’s pregnancy was con- what would happen during IVF, such if she felt unable to proceed or couldn’t rmed, in October 1987, the family as whether Linda would ever go with relinquish the baby it would not be a had undertaken intense personal and Maggie to early morning clinic sessions, loss. eir relationship with Linda and interpersonal psychological work, many and whether Linda would have hormone Linda’s well-being were paramount. is attempts to negotiate with resistant eth- treatment or use her natural cycle. What was fundamental to ensuring that Linda ics committees, legal consultations at the if IVF failed? If Linda became pregnant, was able to make choices without duress, highest level in Victoria, and the rigorous would they accept screening tests for including backing out of the arrangement medical procedures that constitute IVF. abnormalities? How would complications at any point. e whole extended fam- ey were tremendously lucky to succeed with the pregnancy be managed? What ily was committed to Linda’s well-being, on their rst cycle. -
Child Custody Arrangements: Say What You Mean, Mean What You Say
Land & Water Law Review Volume 31 Issue 2 Article 15 1996 Child Custody Arrangements: Say What You Mean, Mean What You Say DeNece Day Koenigs Kimberly A. Harris Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Koenigs, DeNece Day and Harris, Kimberly A. (1996) "Child Custody Arrangements: Say What You Mean, Mean What You Say," Land & Water Law Review: Vol. 31 : Iss. 2 , pp. 591 - 621. Available at: https://scholarship.law.uwyo.edu/land_water/vol31/iss2/15 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Koenigs and Harris: Child Custody Arrangements: Say What You Mean, Mean What You Say Comment CHILD CUSTODY ARRANGEMENTS: Say What You Mean, Mean What You Say INTRODUCTION In Wyoming, custody battles place judges and court commissioners in King Solomon's' position nearly everyday as they are asked to split children between divorcing parents.2 Of course, judges and commissioners do not wield swords, but they do use legal terms which are often inade- quate and misused.' Unfortunately, the modem day result, though not as graphic as that from the Bible, is just as severe. As many as one in every two marriages will result in divorce.4 Thirty percent of children today will be the focus of a custody decision., For too many of these children, their lives will be adversely affected by an improper custody arrangement caused by the erroneous use of the term "joint custody." 6 The law as it stands in Wyoming does not adequately consider the non-legal aspects of custody or give practitioners and judges the guidance necessary to make appropriate custody determinations.' Gurney v. -
Divorce, Annulment, and Child Custody
DIVORCE, ANNULMENT, AND CHILD CUSTODY : DISCLAIMER The information on this page is intended for educational purposes only. It is not legal advice. If you have specific questions, or are experiencing a situation where you need legal advice, you should contact an attorney. Student Legal Services makes every effort to ensure the accuracy of the information on this page. However, the law changes frequently and this site should not be used as a substitute for legal advice. It is highly recommended that anyone accessing this page consult with an attorney licensed in the state of Wyoming prior to taking any action based on the information provided on this page. DIVORCE A divorce is when two individuals petition the court to formally end their marriage. Divorce includes the division of marital property. If a couple has children, the court also will determine the custody arrangement for those children. You can learn more about divorce on the Equal Justice Wyoming website here. It is possible to complete the divorce process without an attorney. Completing the process without an attorney is called a “pro se divorce.” Divorces without attorneys are easiest when there are no children and the parties agree about the majority of the property distribution. You can access directions and packets for a pro se divorce here. ANNULMENT An annulment is when the marriage is dissolved as if it never existed. It is very hard to receive an annulment and most marriages will not qualify. Annulments occur in two situations. When the marriage is void and when the marriage is voidable. VOID MARRIAGES: When a marriage is void, it means that the marriage could not have taken place under the law—therefore it does not exist. -
Joint Versus Sole Physical Custody What Does the Research Tell Us About Children’S Outcomes?
feature article Joint Versus Sole Physical Custody What Does the Research Tell Us About Children’s Outcomes? by Linda Nielsen, Ph.D. Do children fare better or worse in joint physical cus- favorably in terms of children's best interests and perceived it as tody (JPC) families where they live with each parent at least having no impact on legal or personal conflicts between parents.1 35% of the time than in sole physical custody (SPC) families But are children’s outcomes better in JPC than SPC fami- where they live primarily or exclusively with one parent? This lies –especially if their parents do not get along well as co-par- question assumes even more importance as JPC has become ents? And if JPC children have better outcomes, is this because increasingly common in the U.S. and abroad. For example, in their parents have more money, less conflict, better parenting Wisconsin JPC increased from 5% in 1986 to more than 35% skills or higher quality relationships with their children before in 2012. And as far back as 2008, 46% of separated parents in they separate? Put differently, are JPC parents “exceptional” Washington state and 30% in Arizona had JPC arrangements. because they get along better than SPC parents and mutually JPC has risen to nearly 50% in Sweden, 30% in Norway and agree to the custody plan from the outset? the Netherlands, 37% in Belgium, 26% in Quebec and 40% in British Columbia and the Catalonia region of Spain. Those who have expressed misgivings about JPC have made a number of claims that they report are based on the research. -
Child-Focused Parenting Time Guide
Child-Focused Parenting Time Guide Prepared by the Minnesota State Court Administrator’s Advisory Committee on Child-Focused Parenting Time This Guide is located on the Minnesota Judicial Branch website. For further information, contact: Court Services Division State Court Administrator’s Office 105 Minnesota Judicial Center 25 Martin Luther King Jr. Blvd. St. Paul, MN 55155 651-297-7587 This Guide is not copyrighted and may be reproduced without prior permission of the Minnesota Judicial Branch, State Court Administrator’s Office. Child-Focused Parenting Time Guide TABLE OF CONTENTS Acknowledgements ......................................................................................................................... 4 Overview ......................................................................................................................................... 4 Legal Notice ..................................................................................................................................... 5 Introduction .................................................................................................................................... 5 Assumptions ................................................................................................................................ 5 Purpose ....................................................................................................................................... 5 Audience ....................................................................................................................................