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Full-Text Articles in Law
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
Canadian Journal of Family Law
Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Canadian Journal of Family Law
This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Canadian Journal of Family Law
Self-represented litigants are becoming an epidemic in the B.C. provincial court system. Litigants who lack legal training and knowledge about the formalities of the court often slow and disrupt the justice system. The cuts to legal aid and the Supreme Court of Canada decision in Christie have contributed to this epidemic. The purpose of this paper is to discuss some of the challenges that self-represented litigants pose to the family law justice system. The erosions to legal aid funding and services have had a disproportionately negative effect on women. It has forced women to become self-represented litigants, resulting in women's …
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Canadian Journal of Family Law
No abstract provided.
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Canadian Journal of Family Law
Le présent article propose une analyse des récentes décisions des tribunaux québécois en matière de maternité de substitution. La jurisprudence interprète de façon très différente l'article 541 du Code civil, qui déclare nulles les conventions de maternité pour autrui. Mais semble se dessiner un courant en faveur d'une telle pratique, ce qui rejoint l'état du droit dans les provinces canadiennes. Le législateur devra donc clarifier les paramètres de la pratique des mères porteuses, puisque trop de questions sont laissées en suspend par les décisions récentes. L'auteure dénonce le discours d'égalité et d'altruisme présenté comme fondement à cette pratique. À …
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Canadian Journal of Family Law
This paper empirically investigates how lawmakers navigate family law's contested terrain. Using Alberta's newest child welfare law, the Child, Youth and Family Enhancement Act (2004) as a case, I explain the discursive strategies used to pass this unique law through a socio-political context dominated by political rationalities with partially divergent ideas of "family." Analysis reveals two dominant discursive strategies. The first creates a discursive framework that expels welfarist rationalities and centers tensional neoliberal and neoconservative logics. The second navigates the tensions between neoliberal and neoconservative images of family by constituting the content of families as autonomous and responsible while leaving …
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
Canadian Journal of Family Law
No abstract provided.
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
Canadian Journal of Family Law
Understanding the differences between family cases and other types of litigation is essential for an appropriate response to family disputes. Judges have a role in family cases that markedly differs from the traditional judicial role. The authors argue that an effective and accessible family justice system requires pre-trial and post-trial case management by a single judge, an approach to family justice reflected in the slogan: "One judge for one family." Judges should have the necessary knowledge, skills, and training needed to resolve family disputes and to help effect changes in parental behaviours and attitudes, as well as the willingness to …
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Canadian Journal of Family Law
Overwhelmingly, Canadian-born children relinquished for newborn adoption have been born to unmarried mothers. Under provincial adoption acts, in cases of "illegitimacy" only the mother's consent was necessary for a child to be eligible for adoption. Since adoption statutes were introduced, however, the distinctions between those born within and outside of marriage have been eliminated at law. Provincial legislation now recognizes a wide range of unmarried men as fathers, lists circumstances under which paternity will be presumed and provides for the use of genetic testing. But this raises significant questions in the context of newborn adoption. Whose consent is required to …
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Canadian Journal of Family Law
After briefly reviewing laws on surrogate motherhood in Canada, the United States, and Britain, the authors consider nearly 40 empirical research studies on the characteristics and experiences of women who have been surrogate mothers. Empiricism meets feminist theory as we revisit arguments against surrogacy arrangements, including the inability to give informed consent, the inherently exploitative nature of the arrangements, and the dangers of commodification. In light of our observations based on the empirical research, we argue that it may be time to review Canadian surrogacy laws.
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
Canadian Journal of Family Law
This paper addresses whether sperm donor anonymity should continue in Canada and what the effects might be of abolishing anonymity, particularly for marginalized groups such as lesbian mothers. The first part of the paper outlines the legislative and historical context surrounding the donor anonymity debate in Canada. The second part of the paper addresses the interests of the various social and legal stakeholders, including donor conceived offspring, the social and biological parents of those offspring, and sperm donors. The final segment outlines a twofold law reform agenda. First, it is proposed that Canada prospectively abolish donor anonymity in an effort …
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Canadian Journal of Family Law
This is the first legal study in Canada on same-sex adoption law, adoption administrative practice, and the social realities of parenting as experienced specifically by same-sex male couples. This paper identifies a gap in existing legal literature and jurisprudence with respect to the adoption narratives of same-sex male couples. Next, focusing on the province of Québec, it offers insight into how legal rules and social expectations construct families headed by such couples. It also highlights how, post-adoption, same-sex male couples conceive of their own families in a legal and social environment that continues to privilege heterosexual family models. Contradictorily, by …