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Full-Text Articles in Law

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen Nov 2012

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …


Defining Parenthood: Evolution Or Pendulum Swing?, Rufina D. Beem Sep 2012

Defining Parenthood: Evolution Or Pendulum Swing?, Rufina D. Beem

Rufina D. Beem

This paper analyzes the evolution of the legal definition of a parent through the emergence of assisted reproductive technologies, surrogacy arrangements, and same sex marriage, with a particular emphasis on genetic ties and the marital presumption as determinative factors. It argues that the evolution in defining parenthood in recent decades may convert to more of a pendulum swing as societal views towards who can marry continues to change. If a greater portion of the population can benefit from the marital presumption in determining parenthood, then the legal definition will largely revert back to traditional roots. As such, the paper concludes …


To Be Or Not To Be (A Parent)? – Not Precisely The Question; The Frozen Embryo Dispute, Yehezkel Margalit Feb 2012

To Be Or Not To Be (A Parent)? – Not Precisely The Question; The Frozen Embryo Dispute, Yehezkel Margalit

Hezi Margalit

Modern medicine offers a variety of fertility treatments, with the result that in the United States alone, there are more than 400,000 frozen embryos and another 10,000 are frozen every year. Since the rate of divorce in the United States increases exponentially, one can easily imagine how many frozen embryos could become open to litigation. Indeed, the media, the law and the people concerned with the ethical aspects have devoted much attention to this issue. This is because litigation forces the reassessment of many complex issues starting with the appropriate balance between an individual’s legal right to be and not …


Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd Jan 2012

Fatherhood And Equality: Reconfiguring Masculinities, Nancy E. Dowd

UF Law Faculty Publications

In this article, Professor Dowd sets out the asymmetric pattern of men’s caretaking as compared to women’s caretaking, and raises the issue of why greater equality has not been achieved in care as women’s participation in the workforce has increased. She argues that not only is this linked to the lack of institutional and structural supports for parenthood, which leads to gendered outcomes in who does care, but in addition, and perhaps most importantly, the barrier to care is cultural, linked to masculinities norms. Dowd sets out the barriers to care linked to masculinities and suggests a further analysis linked …


The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein Jan 2012

The Law Of Gender Stereotyping And The Work-Family Conflicts Of Men, Stephanie Bornstein

UF Law Faculty Publications

This Article looks back to the early equal protection jurisprudence of the 1970s and Ruth Bader Ginsburg's litigation strategy of using men as plaintiffs in sex discrimination cases to cast a renewed focus on antidiscrimination law as a means to redress the work-family conflicts of men. From the beginning of her litigation strategy as the head of the ACLU Women's Rights Project, Ginsburg defined sex discrimination as the detrimental effects of gender stereotypes that constrained both men and women from living their lives as they wished-not solely the minority status of women. The same sex-based stereotypes that kept women out …


The Widening Concept Of Parent In Canada: Step-Parents, Same-Sex Partners, & Parents By Art, Nicholas Bala, Christine Ashbourne Jan 2012

The Widening Concept Of Parent In Canada: Step-Parents, Same-Sex Partners, & Parents By Art, Nicholas Bala, Christine Ashbourne

American University Journal of Gender, Social Policy & the Law

No abstract provided.