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Articles 1 - 18 of 18
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.
The Debt Financing Of Parenthood, Melissa B. Jacoby
The Debt Financing Of Parenthood, Melissa B. Jacoby
Law and Contemporary Problems
Jacoby discusses the significant role of lenders in the parenthood market and how they might facilitate access and shape this industry in more profound ways. Second, she introduces the issue of financing assisted reproduction and adoption. Third, she reviews specialty loans for assisted reproduction and adoption, reflecting traditional research in case law and legal and nonlegal scholarly literature, as well as results from a review of news media and Web sites of prominent intermediaries and service suppliers. Lastly, she presents a sampling of political-economy implications relevant to assisted reproduction, leaving other issues for future investigation.
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.
Rethinking Support For Adoptive Parents, Mary Eschelbach Hansen
Rethinking Support For Adoptive Parents, Mary Eschelbach Hansen
Mary Eschelbach Hansen
Since 1980, the U.S. government has offered subsidies to encourage surrogate parents to adopt children who are in foster care and cannot be reunited with their birth parents. Despite some success, the subsidy program has not attracted enough parents to meet the needs of the children. The critical problem is that the subsidy program does not adequately recognize the difficulty of assessing the child’s future needs; therefore, the subsidy does not adequately reduce the substantial financial risk associated with caring for a child adopted from foster care. A supplementary insurance program could attract new adoptive families and could also improve …
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.
Cohabitation, Domestic Partnerships, And Nontraditional Families Annotated Bibliography, Nancy Levit
Cohabitation, Domestic Partnerships, And Nontraditional Families Annotated Bibliography, Nancy Levit
Faculty Works
This annotated bibliography covers law review articles, American Law Reports (ALR), and some web articles published between 2005 and 2008. The topics covered include adoption, ADR, bankruptcy, all aspects of child custody and support, cohabitation, divorce and dissolution, domestic or intimate partner violence, civil unions, estate planning, paternity, international aspects, lesbian, gay and bisexual parents, marriage in all its varieties, tax and trial issues.
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 …
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
Saint Louis University Law Journal
No abstract provided.
Embryo Exchanges And Adoption Tax Credits, Naomi R. Cahn, Sarah B. Lawsky
Embryo Exchanges And Adoption Tax Credits, Naomi R. Cahn, Sarah B. Lawsky
GW Law Faculty Publications & Other Works
The “Option of Adoption Act,” a Georgia law that was introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court for recognition that they are the legal parents of a child born to them as a result of an embryo transfer. This article clears up what seems to be widespread confusion about a fairly straightforward question of tax law related to such embryo “adoptions.” Notwithstanding various sources' claims to the contrary, neither a Georgia adoption tax credit …
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 …
Concept And Practice Of Laws Relating To Adoption In Different Religion And Modern Societies: Special Reference To The Law Of Islam, Abu Noman Mohammad Atahar Ali, Zafrin Andaleeb
Concept And Practice Of Laws Relating To Adoption In Different Religion And Modern Societies: Special Reference To The Law Of Islam, Abu Noman Mohammad Atahar Ali, Zafrin Andaleeb
Abu Noman Mohammad Atahar Ali
No abstract provided.
Show Me The Money: Making Markets In Forbidden Exchange, Kimberly D. Krawiec
Show Me The Money: Making Markets In Forbidden Exchange, Kimberly D. Krawiec
Kimberly D. Krawiec
As your parents doubtless told you, money can’t buy everything. Nearly all cultures reserve certain items, activities, and entitlements as inalienable for profit. It would be incorrect to assume, however, that the individual mental accounting, social norms, and laws regarding the proper scope of commercial activity are universal, preordained, or inflexible. In fact, researchers across disciplines have demonstrated both the malleability and context-dependency of individual mental accounting, and the socially constructed nature of relational boundaries and the accepted means of exchange within them, which vary across time and cultures. Moreover, technological innovation, social or political change, or other developments may …
Arizona Juvenile Law Legal Research: Resources And Strategies, Adam R. Stephenson
Arizona Juvenile Law Legal Research: Resources And Strategies, Adam R. Stephenson
Adam Stephenson
This article aims to provide a practical resource not currently available to juvenile attorneys helping Arizona’s children and youth find permanency and support as they grow to adulthood. This article provides a comprehensive review of the history of Arizona juvenile law and available Arizona legal resources along with their usefulness and accessibility for the Arizona juvenile legal practitioner. It also provides assessments of the cost, best applications, overall utility and locations of the various resources around the state. The appendices include outlines of the Arizona case law regarding both delinquent and dependent juveniles.