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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Medico-Legal Aspects of Reproduction and Parenthood 2nd ed

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ISBN13: 9781840140651
ISBN: 1840140658
Published: March 1998
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This work is concerned, in the main, with reproduction - for which marriage is not an essential prerequisite. Nevertheless, much of sexuality and the greater part of parenthood still subsist within the marital relationship. Sex and marriage are interdependent - indeed the definition of the latter depends on the former.;After looking at the prerequisites for marriage and for making a marriage void, the author shows that the medico-legal interests of marriage relate to the mental health and the sex of the parties.;The author also looks at various aspects of the sexual-familial relationship, including contraception, sterilization, abortion, protection of the foetus, foetal experimentation, the infertile husband, the infertile woman, defective neonates and infants, consent to treatment and research in children, the protection of young children and the killing of children within the family. Cases are used to highlight the legal aspects of these subjects.

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Contents:
Part 1 Sex and marriage: marriage - valid marriage, void marriage, voidable marriage, mental disorder and marriage; sex; transsexual ""marriage"".
Part 2 Sexual intercourse: sexual intercourse and the criminal law - intramarital ""rape"", indecent assault within marriage, the definition of sexual intercourse in the criminal law; consummation of marriage; adultery; non-consummation of marriage.
Part 3 Contraception: medical aspects of contraception; contraception and the mentally handicapped; contraception for minors - the ""Gillick"" case; interceptive method - displanting methods; summary.
Part 4 Sterilization: non-consensual sterilization - involuntary sterilization, eugenic sterilization, punitive sterilization; non-voluntary sterilization - sterilization of the mentally impaired, the Canadian approach, the Australian experience, the English decisions, other British cases; the right to procreate; consensual non-therapeutic sterilization; the doctrine of ""informed consent""; failed sterilization or wrongful pregnancy.
Part 5 Abortion: the law in the United Kingdom; the Abortion Act 1967; the comparative scene - Northern Ireland, the Republic of Ireland, Germany, the American approach, other jurisdictions; the conflicts of interests - the rights of the pregnant woman; abortion in practice; other people's rights - the father, the professionals; abortion and minors; abortion and the mentally handicapped; reduction of multiple pregnancy and selective reduction; ""preventive"" abortion; revision of the law.
Part 6 Protection of the fetus: the legal right of the fetus - can we say the fetus is a person?; wrongful death of the fetus - fetal rights to treatment, interventional treatment of the fetus; fetal rights and abortion - the ""wrongful life"" action, the preconception tort; the living abortus - fetal advantage?, comatose or post-mortem gestation; fetal neglect; fetal disposal.
Part 7 Fetal experimentation: the moral framework; consent and fetal research and experimentation - legal constraints, civil liability, maternal consent to fetal research, the use of uterine contents other than the fetus; the fetus or the neonate as an organ transplant donor - the donation of fetal cellular material, fetal ovaries and ova; research ethics committees.
Part 8 The infertile husband: infertility in general; childlessness due to non-consummation and related reasons - artificial insemination by husband or partner; posthumous AIH; other reasons for AIH; the infertile husband - artificial insemination by donor (AID) - the role of the medical adviser, the donor, the prospective parents, the child conceived by AID, evading the issue - AIHD.
Part 9 The infertile women: causes of female infertility; the problem of tubal insufficiency - in vitro fertilization; medico-legal complications of IVF; the aftermath of the Warnock Committee; other treatments of childlessness - ovum donation. (Part contents)