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Full-Text Articles in Law
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
Hezi Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of today’s …
Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit
Scarce Medical Resources – Parenthood At Every Age, In Every Case And Subsidized By The State?, Yehezkel Margalit
Hezi Margalit
The dilemma of scarce medical resources is deeply rooted in the ancient mankind history, but it has been accelerated in the modern era with the appearance of the bio-medical innovations. This acute dilemma is relevant to all the western developed states, include Israel. Nevertheless, in one field there is the notion that Israel has unlimited medical resources – the fulfillment of its citizen's procreation and parenthood rights. Thus, for sociological, demographical, religious and security reasons the State of Israel invests a vast amount of money to develop and use the various fertility treatments. Israel, today, has the highest per capita …
Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
Artificial Insemination From Donor (Aid) – From Status To Contract And Back Again?, Yehezkel Margalit
Hezi Margalit
The last few decades have witnessed dramatic changes in the institutions of family and parenthood and an abandonment of the historical emphasis on their bionormative structures. These changes are the result of societal shifts with respect to public openness and technological innovations that segregate marital relations from sexuality and fertility. The resultant parenthood structures, which depart from traditional spousal and parental models, intensify the ability and need to determine legal parenthood in numerous unprecedented contexts. Sir Henry Maine famously stated that mankind is pacing from status toward contract. This theme has had particular resonance during the past half century in …
Intentional Parenthood: A Solution To The Plight Of Same-Sex Partners Striving For Legal Recognition As Parents, Yehezkel Margalit
Intentional Parenthood: A Solution To The Plight Of Same-Sex Partners Striving For Legal Recognition As Parents, Yehezkel Margalit
Hezi Margalit
One significant ramification of the plight of same-sex partners attempting to receive legal recognition of their non-“traditional” family structure is their inability to be recognized as the legal and/or additional parent of a non-biologically related child either by adoption or following fertility treatments. It is a fact that gay partners are not legally recognized as married, therefore they are not granted the same legal recognition as their heterosexual peers. In this research, I will explore the main approaches available today to same-sex partners to acquire legal parentage and their inherent difficulties. I will suggest a way to circumvent those difficulties …
To Be Or Not To Be (A Parent)? – Not Precisely The Question; The Frozen Embryo Dispute, Yehezkel Margalit
To Be Or Not To Be (A Parent)? – Not Precisely The Question; The Frozen Embryo Dispute, Yehezkel Margalit
Hezi Margalit
Modern medicine offers a variety of fertility treatments, with the result that in the United States alone, there are more than 400,000 frozen embryos and another 10,000 are frozen every year. Since the rate of divorce in the United States increases exponentially, one can easily imagine how many frozen embryos could become open to litigation. Indeed, the media, the law and the people concerned with the ethical aspects have devoted much attention to this issue. This is because litigation forces the reassessment of many complex issues starting with the appropriate balance between an individual’s legal right to be and not …