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Sperm Donation, Single Women and Filiation (Paperback)
Loot Price: R2,690
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Sperm Donation, Single Women and Filiation (Paperback)
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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.
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