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Full-Text Articles in Family Law

Meaning, Biology And Identity: The Rights Of Children, Anika Smith Oct 2020

Meaning, Biology And Identity: The Rights Of Children, Anika Smith

Catholic University Law Review

Sperm and egg donation in the United States is only loosely regulated, and the current regime privileges the anonymity of the adult donor over the child’s right to identity. The majority of people conceived through anonymous donation do not support the practice but find their rights abrogated by contracts made by their intentional and biological parents. Donor reliance on the anonymity guaranteed by those contracts is shifting as at-home genetic testing limits their expectation of privacy, with more biological ties being discovered by children conceived through gamete donation. This Comment explores the child’s right to identity in family law cases, …


Assessing Assisted Reproductive Technology, Raymond C. O'Brien Jan 2018

Assessing Assisted Reproductive Technology, Raymond C. O'Brien

Catholic University Journal of Law and Technology

Technological innovation possesses both opportunity and challenge. Because assisted reproductive technology (ART) involves sexual intimacy, parenthood, personhood, gender identity, privacy, legacy, and a plethora of religious, historical, sociological, and ethical underpinnings, the challenges presented in such technological innovation are substantial. Nonetheless, the opportunities are significant and progressive. Because of in vitro fertilization, gestational and genetic surrogacy, posthumous conception, and mitochondrial replacement therapy, humans now have the opportunity to overcome infertility, gender obstacles to parentage, dynastic limitations, and diseases that have long plagued mothers and infants. However, challenges include the exploitation of surrogates, unequal access to ART services, possibilities of cloning …