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Vol 21 No 10 Oct/Nov 2016

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Sperm Donation, Single Women and Filiation


ISBN13: 9781780683362
Published: October 2015
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Paperback
Price: £86.00



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Although recent family law debates have been predominantly paedo-centric, the founding of “bio-medically assisted families” still focuses on the individual parents’ rights to reproduce. By introducing donations, the donor’s genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. The absence of a genetic, social and legal father can only occur in single women’s conceptions by choice, hence calling into question the role of the societal father.

This neglects the future child’s voice in private and family life issues on at least two levels: informational (lacking information about origins, often related to personal identity) and legal and functional (care provided by both parents). It furthermore emphasises the inconsistency in the treatment of “naturally” and “artificially” conceived children since the latter have restricted access to parental judicial proceedings.

The conflicts between individuals in the family go beyond national family laws and become a matter of reconciling progenitors’ and children’s human rights. Yet the discrepancies between different civil law jurisdictions are remarkable. In addition, the sensitivity of the filiation of children conceived by sperm donation to single women requires more than legal solutions – it requires an interdisciplinary approach encompassing ethics, psychology, anthropology and sociology. Moreover, by arguing and suggesting solutions the issue also becomes political. Hence, this book provokes the curious minds of lawyers, ethicists, physicians, bio-technologists and those assisting and wishing to found families. It clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

Subjects:
Family Law
Contents:
Introduction (p.
1)

Part I. Mapping the terrain from an interdisciplinary and international perspective
Chapter 1. Terminology (p.
9)
Chapter 2. International Regulations (p.
33)
Chapter 3. Overview of the National Regulations in Ten European Countries (p.
81)

Part II . The legal, ethical and sociological positions of the participants
Chapter 4. Assisting Single Women to Found Families (p.
113)
Chapter 5. Sperm Donors as Assistance to Reproduction for Single Women (p.
183)
Chapter 6. Children Conceived by Sperm Donors’ Assistance to Single Women (p.
225)

Part III . Legal ways of establishing fatherhood
Chapter 7. Establishing Fatherhood through an International Prism (p.
267)

Applying the Results of the Analysis in the Case of the Republic of Macedonia (p.
307)
References (p.
347)