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Full-Text Articles in Law
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 …
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Two Fathers, One Dad: Allocating The Paternal Obligations Between The Men Involved In The Artificial Insemination Process, Browne C. Lewis
Law Faculty Articles and Essays
Nadya Suleman used sperm from a man she knows to conceive fourteen children using assisted reproduction. It is clear that Suleman is the legal mother of the children. The unanswered question is: "Are the children legally fatherless?" The answer to this question is important because experts predict that it will take well over one million dollars to support the children until they reach the age of majority. My article seeks to provide some insight into the resolution of this issue. Although Suleman did not conceived using artificial insemination, the information examined in my article may be applied to her situation. …