"Defining the Family: Law, Technology, and Reproduction in an
Uneasy Age" provides a sweeping portrait of the family in American
law from the nineteenth century to the present. The family today
has come to be defined by individuality and choice. Pre-nuptial
agreements, non-marital cohabitation, gay and lesbian marriages
have all profoundly altered our ideas about marriage and family. In
the last few years, reproductive technology and surrogacy have
accelerated this process of change at a breathtaking rate. Once
simple questions have taken on a dizzying complexity: Who are the
real parents of a child? What are the relationships and
responsibilities between a child, the woman who carried it to term,
and the egg donor? Between viable sperm and the wife of a dead
donor?
The courts and the law have been wildly inconsistent and
indecisive when grappling with these questions. Should these cases
be decided in light of laws governing contracts and property? Or it
is more appropriate to act in the best interests of the child, even
if that child is unborn, or even unconceived? No longer merely
settling disputes among family members, the law is now seeing its
own role expand, to the point where it is asked to regulate
situations unprecedented in human history. Janet L. Dolgin charts
the response of the law to modern reproductive technology both as
it transforms our image of the family and is itself transformed by
the tide of social forces.
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