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Full-Text Articles in Law
Discovering Donors: Legal Rights To Access Information About Anonymous Sperm Donors Given To Children Of Artificial Insemination In Johnson V. Superior Court Of Los Angeles County, Jenna H. Bauman
Golden Gate University Law Review
In the Johnson case, six-year-old Brittany, a child conceived through artificial insemination, was diagnosed with a genetically-transmitted kidney disease originating from the child's anonymous sperm donor. The case documents the parents' struggle to obtain personal medical information regarding the anonymous donor. It also illustrates the donor's fight, with the full support of the sperm bank, to maintain his anonymity at all costs. This Note discusses the court's decision in Johnson v. Superior Court of Los Angeles County, et al., in which it held that children created through artificial insemination should be allowed access to information about their anonymous sperm donor …
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Surrogacy In California: Genetic And Gestational Rights, Dale Elizabeth Lawrence
Golden Gate University Law Review
Part I of this article contrasts the surrogacy controversy in California with the legislative response nationwide by examining the various underlying issues that must necessarily be considered by state legislatures. Although the surrogacy controversy raises issues that concern the nation and society as a whole, it should be resolved independently by each state's legislature. At the center of the debate lies the question of whether the practice of surrogacy is detrimental or beneficial to the contracting parties and to society. Part II examines a California judicial decision of first impression and compares it to other states' judicial decisions on surrogacy. …
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Parental Notification: A State-Created Obstacle To A Minor Woman's Right Of Privacy, Susan A. Bush
Golden Gate University Law Review
This Comment argues that parental notification statutes unduly burden a minor woman's right of privacy as they impose a state-created obstacle to minor women who wish to exercise their right to have an abortion. This right means very little if state regulations or restrictions make access to abortions difficult or impossible. The interests that such regulations seek to protect - the health of the minor and the parent-child relations - are not served by parental notification. The health consequences for minor women who bear children are severe and the psychological health of minor women can be detrimentally affected by requiring …
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Second Thoughts On Joint Child Custody: Analysis Of Legislation And Its Implications For Women And Children, Joanne Schulman, Valerie Pitt
Golden Gate University Law Review
The purpose of this article is to review and analyze joint custody legislation and its implications for future custody litigation. However, discussion of joint custody must include an awareness of who its proponents are and their motivations, as well as the effect it will have on the lives of women who remain the primary caretakers of children, for "[i]n the background of the arguments over joint custody lies the age old 'battle of the sexes' and the current change in lifestyles." That the current joint custody trend is a backlash to the feminist movement and women's struggle for an identity …
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
The Nonmarital Sexual Conduct Of Custodial Mothers: A Study Of California's Precarious Parental Rights, Barbara Child
Golden Gate University Law Review
Mothers of minor children engage in sexual conduct with men to whom they are not married. That is no longer a shocking truth. Nonetheless, those mothers continue to live with a Damocles sword hanging over their heads. Their sexual conduct can still cause them to lose their children, even in these supposedly liberated times in the state of California. This Article surveys the cases in which the most commonly used ambiguous statutes together with secure judicial discretion have been brought to bear on custodial mothers who either by choice or by economic necessity do not live conventional middleclass lives. The …
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Joint Custody As A Statutory Presumption: California's New Civil Code Sections 4600 And 4600.5, Nancy K. Lemon
Golden Gate University Law Review
On January 1, 1980, California, in enacting Civil Code sections 4600 and 4600.5, became the first state in the nation to operate under statutes not only authorizing joint custody awards upon divorce, but also establishing a presumption that joint custody is in the best interests of the child when both parents request it. This Article will examine the history of joint custody and of the legislative process, present guidelines for judicial interpretation, and undertake an analysis of the implications for women in the new statutes.