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Full-Text Articles in Law
Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello
Posthumously Conceived Children: An International And Human Rights Perspective , Maya Sabatello
Journal of Law and Health
This essay considers posthumous conception from an international and child-centered approach. After a sketch in Part I of the phenomenon of posthumous conception and the complexities it evokes, Part II examines the types of issues arising in court cases concerning posthumous conception. Part III considers how courts in their rulings have addressed the welfare and best interests of posthumously conceived children and analyzes the scope and meaning of relevant decisions. Part IV looks into children’s rights or interests raised in those judicial decisions: parental acknowledgement, family structures, identity harm, and inheritance and social benefits. This part draws on the Convention …
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Liberty, Equality, And Parentage In The Era Of Posthumous Conception, Jessica Knouse
Journal of Law and Health
This essay uses Astrue v. Capato as a platform to examine how liberty and equality interact within parent-child relationships. It observes that as prospective parents have experienced an increase in liberty due to new reproductive technologies the children they create have not necessarily experienced a commensurate increase in equality. The law’s myopic focus on parent-child relationships rather than provider-dependent relationships renders posthumously conceived children unequal along multiple dimensions. They may have not only one provider, but also only one parent. This essay argues that shifting the law’s focus away from identifying parents and towards identifying providers would mitigate the status …