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Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis
Due Date: Enforcing Surrogacy Promises In The Best Interest Of The Child, Browne C. Lewis
Law Faculty Articles and Essays
Professor Lewis argues that the courts should apply contract principles and not family law principles to resolve surrogacy disputes. Since children are unique, Professor Lewis argues, courts should presume that the contract should be specifically enforced. As a result, the intended mother should be adjudicated the legal mother. However, Professor Lewis further argues the the surrogate should be able to present evidence of changed circumstances to rebut the presumption of specific performance and permit the court to determine maternity based upon the best interests of the child.
Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis
Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis
Law Faculty Articles and Essays
Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …
Fathers, Foreskins, And Family Law, Dena S. Davis
Fathers, Foreskins, And Family Law, Dena S. Davis
Law Faculty Articles and Essays
In the United States, a custodial parent has the right and responsibility to make medical decisions for one's child. But does that right encompass consenting for a surgical procedure for which there is little or no medical justification? What if the noncustodial parent opposed the procedure? And when is a child old enough to make the decision for him- or herself? How should a physician respond when asked to perform a surgical procedure when the decision is enmeshed in family controversy? These and other questions are considered in Boldt, a recent family law case decided by the Supreme Court of …