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Family Law

Articles in Law Reviews & Other Academic Journals

Series

Reproductive rights

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams Jul 2017

The Polarization Of Reproductive And Parental Decision-Making, Jamie Abrams

Articles in Law Reviews & Other Academic Journals

Women’s abortion decision-making and parental decision-making in child rearing are constructed as polarized methods of decision-making. Women’s abortion decision-making is understood as myopic and individualistic. Parental decision-making is understood as sacrificial and selfless. This polarization leaves reproductive decision-making isolated, marginalized, and vulnerable while parental decision-making is essentialized, protected, and revered. Both framings are inaccurate and problematic. A unified family decision-making framework that aligns abortion decision-making and parental decision-making reveals that both forms of decision-making are more multi-dimensional, relational, and family-centered than currently understood. This article exposes the ground to be gained by crossing longstanding boundaries in family law and reproductive …


Minors, Parents, And Minor Parents, Maya Manian Jan 2016

Minors, Parents, And Minor Parents, Maya Manian

Articles in Law Reviews & Other Academic Journals

As numerous scholars have noted, the law takes a strikingly incoherent approach to adolescent reproduction. States overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child, and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. This Article argues that this oft-noted contradiction in the law on teenage reproductive decision-making is in fact not as contradictory as it first appears. A closer look at the law’s apparently conflicting approaches to teenage abortion and teenage childbirth exposes common ground that scholars …