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Full-Text Articles in Law

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow Sep 2004

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow

ExpressO

Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …


Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson Mar 2004

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.


Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan Jan 2004

Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan

Articles by Maurer Faculty

No abstract provided.


Baby Needs A New Set Of Rules: Using Adoption Doctrine To Regulate Embryo Donation, Paula J. Manning Dec 2003

Baby Needs A New Set Of Rules: Using Adoption Doctrine To Regulate Embryo Donation, Paula J. Manning

Paula J Manning

The article argues that some children conceived via assisted reproductive technology are denied the protections and benefits provided to adopted children. The article describes collaborative reproduction techniques, reviews existing rules on the status of embryos, including parentage decisions in assisted reproduction cases, and compares those rules with adoption regulation. The article argues that an “intended child” approach should be used to regulate the treatment of embryos based on their intended use as children, thereby avoiding possible challenges to regulation based on the privacy rights expressed in Roe v. Wade and subsequent decisions, while providing children conceived via collaborative reproduction with …