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Articles 1 - 15 of 15
Full-Text Articles in Law
American Constitutions And Artificial Insemination Births, Jeffrey A. Parness
American Constitutions And Artificial Insemination Births, Jeffrey A. Parness
College of Law Faculty Publications
Childcare parentage issues arising from assisted reproduction births are subject to constitutional guidance, including due process, equal protection, and privacy dictates. Constitutional rights, however, sometimes go unrecognized in assisted reproduction laws, particularly for same sex couples, wed and unwed, as well as for single women. Upon a brief review of contemporary American state assisted reproduction laws, current and future constitutional precedents are explored. This analysis shows that constitutional, as well as public policy, reforms are particularly needed for same-sex female couples and single women employing assisted reproduction as intended parents.
Diy Artificial Insemination: The Not-So-Great Gatsby, Jeffrey A. Parness
Diy Artificial Insemination: The Not-So-Great Gatsby, Jeffrey A. Parness
College of Law Faculty Publications
Increasingly, intended parentage by female couples, married and unmarried, and by single women, is pursued via do-it-yourself (DIY) artificial insemination (AI) that utilizes sperm donors (who may be unknown). A recent ruling illustrates the difficulties arising from incomplete AI statutes. In Gatsby v. Gatsby in 2021, the Idaho Supreme Court determined legal parentage for a child born via AI to a married female couple who later divorced. The Gatsby ruling is troublesome on several fronts. Its problems highlight the difficulties facing intended childcare parents employing AI in the United States, especially for those without significant financial resources and women, coupled …
Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira
Uncommon Misconceptions: Holding Physicians Accountable For Insemination Fraud, Jody L. Madeira
Articles by Maurer Faculty
No abstract provided.
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Appeals Court Denies Sperm Donor Paternity Test, Arthur S. Leonard
Other Publications
No abstract provided.
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Articles
This short essay was spurred by the numerous celebrations of the Supreme Court’s recent decision in Obergefell v. Hodges legalizing same-sex marriage in all fifty states. Though the essay acknowledges the importance of both Obergefell and the Supreme Court’s earlier decision in United States v. Windsor, it highlights the significant perils that these decisions entail for the LGBT community. In the essay, I use tax as a lens for describing some of the lesser-known perils associated with these decisions in the hopes of making those perils more concrete and easily understood by a wide audience of (tax and nontax) …
Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn
Foreword: Assisted Reproductive Technology And The Law, Mary P. Byrn
Faculty Scholarship
This foreword introduces Issue 2: Assisted Reproductive Technology and the Law of the 35th Volume of the William Mitchell Law Review. It begins by outlining the author's personal experience with ART, and contrasts her reasoning for using ART with the traditional need for ART. Finally, it lists some of the many legal questions yet to be conclusively answered.
The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz
The Upc Addresses The Class-Gift And Intestacy Rights Of Children Of Assisted Reproduction Technologies, Lawrence W. Waggoner, Sheldon F. Kurtz
Articles
Editor's Synopsis: Recent years' advances in assisted reproduction technology have enabled the conception of children in ways in addition to the traditional way. The Uniform Probate Code was amended last year to address the status of children born from assisted reproductive technologies for intestacy and class-gift purposes. This article discusses the relevant UPC provisions and offers several hypothetical cases to show how they operate. The article concludes expressing the hope that states will consider the new UPC approach.
Dead Men Reproducing: Responding To The Existence Of Afterdeath Children, Browne C. Lewis
Dead Men Reproducing: Responding To The Existence Of Afterdeath Children, Browne C. Lewis
Law Faculty Articles and Essays
The statutory mandates are a step in the right direction, but there is still work that needs to be done. The statutes should be amended to close certain loop holes and to ensure that the physician-facilitated suicide option is available to all of the patients who need it. Persons suffering from physical conditions that will lead to death within six months should not be the only persons permitted to exit gracefully. As long as the safeguards included in the statutes are followed, there is no good reason to prohibit persons suffering from irreversible and incurable physical diseases that lead to …
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Law Faculty Articles and Essays
Nadya Suleman used sperm from a man she knows to conceive fourteen children using assisted reproduction. It is clear that Suleman is the legal mother of the children. The unanswered question is: "Are the children legally fatherless?" The answer to this question is important because experts predict that it will take well over one million dollars to support the children until they reach the age of majority. My article seeks to provide some insight into the resolution of this issue. Although Suleman did not conceived using artificial insemination, the information examined in my article may be applied to her situation. …
Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
Sperms And Estates: An Unadulterated Functionally Based Approach To Parent-Child Property Succession, Lee-Ford Tritt
UF Law Faculty Publications
The Article argues that the sanguinary nexus test, the dominant standard for determining whether an individual has a right to inherit property when another dies, has become an increasingly frustrating, and arguably arcane, legal tool in light of the diversity of family relationships extant in modern American life. The sanguinary nexus test determines child status based upon ties of “blood.” Considering the evolving notions of family structures and advances in reproductive technologies involving cloning, surrogacy and egg/sperm donation, serious questions arise about whether the existing sanguinary nexus test can produce results consistent with the fundamental principle of testamentary freedom underlying …
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
One Way To Be Born? Legislative Inaction And The Posthumous Child, Karin M. Mika
Law Faculty Articles and Essays
This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.
Who Are The Parents Of Biotechnological Children?, Larry I. Palmer
Who Are The Parents Of Biotechnological Children?, Larry I. Palmer
Cornell Law Faculty Publications
No abstract provided.
A Rejoinder, Larry I. Palmer
Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas
Fathers Anonymous: Beyond The Best Interests Of The Sperm Donor, George J. Annas
Faculty Scholarship
Alex Haley concludes his international best seller, Roots, with the burial of his father in Little Rock, Arkansas. Walking away from the graveside he ponders the past generations, observing "I feel that they do watch and guide." The book inspired whole industries devoted to the development of family trees, and locating one's "roots" has become somewhat of an obsession with many. Because of the current secrecy surrounding the practice of Artificial Insemination Donor (AID), there are an estimated 250,000 children conceived by AID (at the rate of 6-10,000 annually in the United States) who will never be able to find …
A.I.D.- An Heir Of Controversy, Charles E. Rice
A.I.D.- An Heir Of Controversy, Charles E. Rice
Journal Articles
What is this thing called artificial insemination? Is it a menace to society? Or is it a fantasy of little moment beyond the precincts of 1984 and the "Brave New World"? Or does the fact lie somewhere in between? Whatever your view, you can readily bolster your position by citing respectable authority. For example, a respected advocate declaims that, "Nothing in modem times has so seriously challenged the basic concept of our society founded as it is on the biological tripod of father, mother and child which we call the family unit." Oppositely, a competent man of medicine notes that, …