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Articles 1 - 10 of 10
Full-Text Articles in Law
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer
Adoption, Identity, And The Constitution: The Case For Opening Closed Records, Naomi R. Cahn, Jana B. Singer
Jana B. Singer
No abstract provided.
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King
Challenging Monohumanism: An Argument For Changing The Way We Think About Intercountry Adoption, Shani King
Michigan Journal of International Law
In Part I, this Article provides a brief history of ICA. In Part II, using a post-colonialist theoretical framework, the work of legal scholars from the past twenty years on the subject of ICA is explored. This analysis exposes the centrality of MonoHumanism to our discourse on ICA. In Part III, this Article illustrates how our discourse regarding intercountry adoption contributes to our violating the rights of children (and families) as they are defined in the CRC. Lastly, in Part IV, this Article explores how this argument fits into the current and somewhat polarized debate on ICA and how the …
A Suggested Solution To The Problem Of Intestate Succession In Nontraditional Family Arrangements: Taking The "Adoption" (And The Inequity) Out Of The Doctrine Of "Equitable Adoption", Irene D. Johnson
Elisabeth Haub School of Law Faculty Publications
Part I of this Article examines the doctrine of equitable adoption, focusing on its deficiencies in addressing some of the issues of the modern family. Part II considers the specific issue of intestate succession, the way that the equitable adoption doctrine falls short in providing a consistent rational result of heirship in the modern family, and the reasons for expanding inheritance rights to “family members” claiming an intestate share despite the fact that they were not born into or legally adopted into the family arrangement. Part III proposes answers to these difficult problems, suggesting a statutory provision defining “child,” for …
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Kimberly D. Krawiec
Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …
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.
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
The One-Size-Fits-All Family, Margaret F. Brinig, Steven L. Nock
Journal Articles
Family policy and the law based on it assume universals. That is, if marriage improves the welfare of the majority of couples and their children, it is worth pushing as a policy initiative. Further, laws will be written (or kept on the books) that privilege marriage over other family forms. Similarly, research that tells us that divorce harms children except following the relatively small number of highly conflicted marriages, spawns efforts to preserve troubled marriages or even to roll back liberal or relatively inexpensive divorce laws. With yet another example, since adopted children mostly do better than children left either …
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
First Parents: Reconceptualizing Newborn Adoption, James G. Dwyer
Faculty Publications
No abstract provided.
The Debt Financing Of Parenthood, Melissa B. Jacoby
The Debt Financing Of Parenthood, Melissa B. Jacoby
Melissa B. Jacoby
In this contribution to the symposium Show Me the Money: Making Markets in Forbidden Exchange, I explore an under-appreciated participant in the assisted reproduction and adoption industries: consumer lenders. Through fertility clinics and other service providers, financial institutions market and distribute loans specifically to finance acquisition of treatments, drugs, and human eggs. Adoption foundations and agencies advertise for-profit loans to intended parents, while small foundations offer adoption loans that appear to be low-cost financially but may condition loan approval on intended parent characteristics such as religious observance, marital status, sexual orientation, and adherence to traditional gender roles. After discussing how …