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Full-Text Articles in Law
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Beyond Conception: Legal Determinations Of Filiation In The Context Of Assisted Reproductive Technologies, Roxanne Mykitiuk
Osgoode Hall Law Journal
This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They am based upon particular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent-one of each sex-model of the family as its normative form. While the examples …
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard
Osgoode Hall Law Journal
This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …