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Truth Or 'Collateral Damage'?
Truth or ‘collateral damage’? Legal parentage, bio-genetic parentage and children’s perspectives Hannah Robert https://orcid.org/0000-0002-4243-1242 Submitted in total fulfilment of the requirements of the degree of Doctor of Philosophy August 2018 Melbourne Law School The University of Melbourne 1 ABSTRACT This study explores the operation of legal parentage within Australian family law through analysing judgments and legislation in ‘misattributed fatherhood’ cases – where the person who is publicly identified or assumed to be the legal father is shown not to be genetically related to the child. It argues that legal parentage currently performs four different, bundled, functions: recording the child’s origins, designating default parental responsibility, defining the child’s legal kinship identity and assigning economic responsibility. In these judgments, judges generally re‐align the child’s legal parentage to match the factual finding regarding the child’s genetic parentage. This often erases the status of a social father as a legal father, and sometimes identifies men who are genetic fathers, but who have not parented the child, as legal parents. In the process, a child’s legal identity and legal kinship relationships may be radically and retrospectively rewritten, with little space for judges to consider the impacts for the child in question, or the child’s own understandings of their legal kinship identity or relationships. Binding these four functions together within legal parentage is rhetoric (judicial, legislative and social) which frames biogenetic parentage as ‘true’ parentage. This ‘biotruth’ rhetoric conflates legal parentage as a question of law with the factual enquiry as to a child’s progenitors. -
Articles Contractualizing Custody
ARTICLES CONTRACTUALIZING CUSTODY Sarah Abramowicz* Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights to children’s custody. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed “intact”—typically consisting of two married parents and their offspring—and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, provided that there is no evidence that children are in any danger of harm. Non-intact families, by contrast, are subject to the perpetual threat of intervention, even in the absence of harm. The result of this two-tier system is that non-intact families are denied the autonomy and stability that intact families enjoy, to the detriment of parents and children alike. The goal of this Article is to address inconsistent scholarly approaches to custody agreements, on the one hand, and parentage agreements, on the other. Marital agreements about children are largely unenforceable, and even scholars who otherwise favor the enforcement of marital agreements largely approve of this approach, concurring that a court should be able to override a contract concerning children’s custody if it finds that enforcement is not in the children’s best interests. By contrast, those who write about parentage agreements, such as those made in the context of assisted reproductive technology or by unmarried, single, or multiple (i.e., more than two) parents, are more likely to favor the enforcement of such agreements. -
The Basis for Legal Parentage and the Clash Between Custody and Child Support
THE BASIS FOR LEGAL PARENTAGE AND THE CLASH BETWEEN CUSTODY AND CHILD SUPPORT LESLIE JOAN HARRIS* [T]he importance of the familial relationship, to the individuals involved and to the society, stems from the emotional attachments that derive from the intimacy of daily association, and from the role it plays in “promot(ing) a way of life” through the instruction of children, as well as from the fact of blood relationship. No one would seriously dispute that a deeply loving and interdependent relationship between an adult and a child in his or her care may exist even in the absence of blood relationship.1 If the genes don’t fit, you must acquit; No DNA, No Pay.2 INTRODUCTION During the year-long process of drafting a new paternity law for Oregon,3 one of the most hotly contested issues was on what basis trial judges could disregard evidence that a legal father might not be the biological father. Some in the group that drafted the proposal—lawyers as well as fathers’ rights advocates—fervently argued against allowing a trial judge to consider the child’s best interests in making this decision.4 Some of these advocates spoke for angry men who call * Dorothy Kliks Fones Professor, University of Oregon School of Law. Thanks very much to June Carbone, Caroline Forell, and Merle Weiner for commenting on a prior draft. Thanks also to Jennifer Drobac for organizing the first Midwestern conference, which was lively and interesting. This research was supported by a summer grant from the University of Oregon School of Law. -
ANALYSIS / APPROACH / SOURCE / STRATEGY: GENERAL STUDIES PRE 2020 PAPER - TEAM VISION IAS Observations on CSP 2020
... Inspiring Innovation VISION IAS™ www.visionias.in www.visionias.wordpress.com “The significant problems we face cannot be solved at the same level of thinking we were at when we created them." - Albert Einstein ANALYSIS / APPROACH / SOURCE / STRATEGY: GENERAL STUDIES PRE 2020 PAPER - TEAM VISION IAS Observations on CSP 2020 • This year the paper appeared to be on the tougher side and the options framed were confusing. • The static portions like History, Polity, Geography, Economics, etc. as expected were given due weightage. • Questions in almost all the subjects ranged from easy to medium to difficult level. Few unconventional questions were also seen. This year many questions were agriculture related which were asked from geography, environment and economics perspective. • Few questions asked by UPSC, although inspired by current affairs, required overall general awareness. For instance the questions on Indian elephants, cyber insurance, G-20, Siachen glacier, etc. • Polity questions demanded deeper understanding of the Constitution and its provisions. The options in polity questions were close but very easy basic fundamental questions like DPSP, Right to Equality, etc were asked from regular sources like Laxmikanth. Few Questions covering the governance aspect like Aadhar, Legal Services, etc were also given weightage. • In the History section, Ancient India questions were given more weightage unlike in the previous years, and their difficulty level was also high. Art & Culture and Medieval Indian history also had tough questions. However, the modern history section was of moderate level difficulty overall. • Environment questions unlike previous years did not focus on International climate initiatives and bodies. This year focus lay on environmental issues, application of technology and related concepts like benzene pollution, steel slag, biochar, etc. -
Multiple Parents/Multiple Fathers Nancy E
University of Florida Levin College of Law UF Law Scholarship Repository Faculty Publications Faculty Scholarship 2007 Multiple Parents/Multiple Fathers Nancy E. Dowd University of Florida Levin College of Law, [email protected] Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Family Law Commons Recommended Citation Nancy E. Dowd, Multiple Parents/Multiple Fathers, 9 J.L. & Fam. Stud. 231 (2007), available at http://scholarship.law.ufl.edu/ facultypub/459 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Multiple Parents/Multiple Fathers Nancy E. Dowd Multiple parents, especially multiple fathers, are a social reality but not a legal category.1 The assumption that every child has, or should have, two, but * Chesterfield Smith Professor of Law, Levin College of Law, University of Florida. This paper was first presented at the University of Oregon School of Law at a conference organized by Professor Leslie Harris, "Protecting Children's Need for Nurturance: Proven Strategies and New Ideas," April 24-25, 2006. Professor Harris organized a lively and thought-provoking conference that ultimately led to this written symposium. I am grateful for her leadership and the dialogue sparked by the conference, including conversations with Melanie B. Jacobs, June Carbone, Marsha Garrison and Professor Harris. I have also benefited from discussions with my colleagues Lee Ford Tritt and Barbara Bennett Woodhouse. -
Provisionally Permanent? Keeping Temporary Custody Orders Temporary Under the Hague Convention on International Child Abduction
COMMENTS PROVISIONALLY PERMANENT? KEEPING TEMPORARY CUSTODY ORDERS TEMPORARY UNDER THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION CHRISTINE T. Di GUGLIELMOt INTRODUCTION In 1980, the Hague Conference on Private International Law' cre- ated the Hague Convention on the Civil Aspects of International Child Abduction2 (Convention) as an attempt to supply parents with a legal tool to assist them in achieving the return of children removed across international boundaries without consent of the left-behind parents. " The Convention has been in force in the United States for t A.B. 1997, Brown University;J.D. Candidate 2003, University of Pennsylvania. I would like to acknowledge Stephen J.Cullen for introducing me to the Shealy case and Professor Harry Reicher for his helpful feedback. Special thanks to Matthew Di Gugli- elmo; Henry and Terri Walters; Stephanie Walters; and Jim and Francesca Di Guglielmo for their love and encouragement. Finally, I thank the editors of Volume 151 of the University of PennsylvaniaLaw Review for their dedication and diligence. 'The 1980 Hague Conference consisted of twenty-seven member states, three participating states, three international governmental organizations, and three nongovernmental organizations. See Procks-verbaux et Documents de travail de la Premi're commission, in 3 HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW, ACRES ET DOCUMENTS DE LA QUATORZItME SESSION, ENLEVEMENT D'ENFANTS [ACTs AND DOCUMENTS OF THE FOURTEENTH SESSION, CHILD ABDUCTION] 253, 253-55 (1982) (listing the members of the First Commission of the Hague Conference on Private In- ternational Law). 2 Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. -
Mediation in Family Court
A GUIDE TO MEDIATION IN FAMILY COURT MEDIATION FAQ FAMILY COURT OF THE STATE OF DELAWARE https://courts.delaware.gov/family What is Mediation? Mediation is a required Family Court process where persons are given an opportunity to resolve their differences and make their own agreement which, when signed by a Judge or Commissioner, becomes an enforceable Order of the Court. Is mediation required in all cases? No. Mediation is generally required in custody, visitation, child support and guardianship matters. The Court believes that all parties should attempt to mediate their differences and reach an agreement. Although a motion to bypass mediation may Family Court be filed, it would normally be granted only in exceptional situations. Contact When is mediation not allowed? Information Family Court mediation conferences shall be prohibited in any child custody or visitation proceeding and in any support proceeding in which 1 of the parties has been New Castle County found by a court to have committed an act of domestic violence against the other party Leonard L Williams or if either party is ordered to stay away or have no contact with the other party, unless Justice Center a victim of domestic violence who is represented by counsel requests such mediation. 500 N. King Street Further, Family Court mediation conferences shall be prohibited in any child custody or Wilmington, DE 19801 visitation proceeding in which 1 of the parties is a tier 2 or 3 sex offender. 302-255-0300 What will the mediator do? Kent County Prior to the mediation, whenever the residence of a child is at issue, the mediator will Family Courthouse review the parties’ criminal and Protection from Abuse histories. -
Same-Sex Couples: Their Rights As Parents, and Their Hic Ldren's Rights As Children Kathy T
Santa Clara Law Review Volume 48 | Number 4 Article 8 1-1-2008 Same-Sex Couples: Their Rights as Parents, and Their hiC ldren's Rights as Children Kathy T. Graham Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Kathy T. Graham, Symposium, Same-Sex Couples: Their Rights as Parents, and Their Children's Rights as Children, 48 Santa Clara L. Rev. 999 (2008). Available at: http://digitalcommons.law.scu.edu/lawreview/vol48/iss4/8 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. SAME-SEX COUPLES: THEIR RIGHTS AS PARENTS, AND THEIR CHILDREN'S RIGHTS AS CHILDREN Kathy T. Graham* I. INTRODUCTION Fifty years ago, the American family usually consisted of a married couple with children. When we thought of family, we thought of relationships created by affinity, consanguinity, or by adoption. Over the past years, the American family has changed in a number of ways. Divorce has changed the fabric of our society by transforming a number of families into single parent families. Divorce is no longer an unusual occurrence; in fact, it is commonplace.' After remarriage, the family unit often transforms again with a new marital partner becoming the stepparent to children from a previous union.2 A number of parents also choose to have children without marrying and choose to raise their children outside marriage.3 Along with these changes, or perhaps in part because of these changes, same-sex couples are more visible in our society. -
What Is Science-Based Bioethics?
Science-based Bioethics Ch. 1 Introduction Loike & Fischbach Chapter One What is Science-based Bioethics? Introduction Each year, biotechnology bravely ventures into unexplored scientific territory. The year 2016 was no exception: The number of scientific breakthroughs that emerged during this year is overwhelming with gene editing (CRISPR) technologies, gene drives to eliminate harmful mosquitos, and synthetic DNA topping the list. As will be discussed in Chapter Eight, scientists have developed ingenious methods to edit the DNA code of the human genome in cells, embryos, and human beings. Equally astonishing are the reports of two new synthetic DNA bases that have been synthesized. Applying this synthetic biology technology, scientists have expanded the DNA code from 4 to 6 base pairs (Malyshev et al., 2014). Yet, the real dangers of gene editing, synthetic biology, and the creation of a synthetic human genome remain unknown, raising the question whether humankind is dramatically overstepping innate ethical boundaries. In May of 2016, a closed door meeting convened to discuss the issue of constructing an entire human genome in a cell line, a project prospectively titled ‘HGP-Write: Testing Large Synthetic Genomes in Cells’. As the New York Times reports, the meeting was invite-only and “The nearly 150 attendees were told not to contact the news media or to post on Twitter during the meeting.” In the past year, neuroscience research has led to countless innovations as well. Selected examples include: a) stem cell and genetic technologies to enhance the cognition and learning potential of mice, b) brain rejuvenation of older mice to their youthful plasticity with stem cell technologies, c) artificial intelligence in human-like robots (see https://www.youtube.com/watch?v=W0_DPi0PmF0 for a dramatic video about human-like robots), and d) genetically modified bacteria that can function as biological circuits. -
Requesting a Paternity Test Law
Requesting A Paternity Test Law Unshrived Hans insalivating, his case dialysed propagandize comically. Ageing and made-to-order Pen rubberising almost lividly, though Sean isomerize his karakuls temporize. Carl interfuse incommunicatively if overcorrect Godwin effs or disagree. Do with a paternity proceedings to steal your interest ownership act, a law clearly looks like knowing Schedule a law requires genetic test results as requested genetic marker tests disprove paternity? Court law case is not obtain at this. In a paternity case, of else tow the court system besides deciding who the death is? Hart is a family law attorney in Houston, Texas. If your ex petitions the court, they will assess the situation and make the decision whether or not to order a paternity test. It does a social security numbers, we will i try this context in her husband will be brought a way of laws, tests find out? Without a Court okay on paternity, the procedure party really can no recourse. The third monograph will address the issue of responsibility for child support when paternity has been disestablished. Until then, he bear no legal rights in different child. However, which did nothing to pursue acclaim and himself not request genetic testing. How do unmarried parents establish paternity? There goes no provision to recoup support given the adjudicated father never paid prior to the dull to support aside being filed. This case involved three separate law suits, which were consolidated for appeal. The law attorney. My experience was one each time. Paternity may be established in tree different ways and fairly often involve access to court. -
Class Legal Webinar - 16Th June 2021
CLASS LEGAL WEBINAR - 16TH JUNE 2021 Contempt of Court – All Change? Sir Jonathan Cohen and Nicholas Allen QC • Do the new streamlined and simplified rules change what constitutes contempt of court or just the procedure that has to be followed? • What is now required when making a contempt application - what must the application contain and what written evidence must be filed? What facts need to be asserted or proved? What notice needs to be given to the defendant? • When is legal aid available in civil contempt proceedings? • When will the court decide to hold the hearing remotely rather than in public? When does the court need to hear submissions from media organisations? • What is contempt in the face of the court and how will it be dealt with? • What punishments can the court now impose? • To what extent does the 2015 Practice Direction - Practice Direction on Committal for Contempt of Court in Open Court - still apply? Background 1) The original FPR Part 37 which came into force on 22nd April 2014 (coinciding with the launch of the Family Court) was closely modelled on CPR Part 81.1 2) A new version of Part 81 was substituted with effect from 1st October 2020. Part 37 was also reviewed and a new version, modelled on the new Part 81, also came into force on 1st October 2020.2 3) The new Part 37 reduces 38 rules to just to 10. 4) Contempt of court (described in r37.1(1) as “contempt proceedings”) can take many different forms. Helpfully there is now a common procedure for all of them. -
Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy Michael S
University of Minnesota Law School Scholarship Repository Minnesota Law Review 2015 Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy Michael S. Deprince Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Deprince, Michael S., "Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy" (2015). Minnesota Law Review. 194. https://scholarship.law.umn.edu/mlr/194 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. DEPRINCE_6fmt 1/3/2016 1:01 PM Note Same-Sex Marriage and Disestablishing Parentage: Reconceptualizing Legal Parenthood Through Surrogacy Michael S. DePrince* Recently married, Anne and Andrew decide they want to have their first child. After multiple failed attempts, the couple learns that Andrew has a low sperm count, rendering him func- tionally infertile. Desiring a child that is genetically related to at least one of them, Anne and Andrew pursue alternative bio- logical reproduction in lieu of adoption. They obtain sperm from an anonymous donor and Anne undergoes artificial insemina- tion, resulting in a viable pregnancy. Shortly before the child‘s birth, however, the couple files for divorce. At this time, An- drew maintains that he is not the child‘s genetic father and, consequently, should not be responsible for the child upon the dissolution of the marriage. To the contrary, Anne indicates that notwithstanding biology, Andrew is equally the child‘s le- gal parent.