Hybrid journal (It can contain Open Access articles) ISSN (Print) 1360-9939 - ISSN (Online) 1464-3707 Published by Oxford University Press[370 journals]
Authors:Goedeke S; Daniels KR. First page: 1 Abstract: ABSTRACTEmbryo donation (ED) is the donation by a couple who have surplus embryos following IVF to another infertile person/s. There has been much debate as to whether ED can be understood as akin to gamete donation or as adoption, as these viewpoints evoke different health and welfare concerns and implications for the various parties. In this article, we discuss the legislative frameworks, policy guidelines, and practice of ED in New Zealand in comparison with those of other countries. We demonstrate how New Zealand’s ED requirements and practices may invite conceptualizations of ED as adoption, as there are similar practices and procedures aimed at promoting child welfare: ED must be approved by an overseeing body, donors select recipients for their embryos, donor: recipient ‘matching’ is encouraged, and a joint donor: recipient meeting explores the needs and rights of children to have access to genetic knowledge, feelings related to parenting and relinquishment, and information-sharing and contact expectations. We discuss how research of donor and recipient experiences suggests that the adoption metaphor may provide a model of family-building from which to make sense of ED. However, the metaphor also highlights longer- term child welfare concerns and raises policy issues in relation to both ED as well as open adoption practices, both locally and internationally. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw015
Authors:Jolly S. First page: 20 Abstract: ABSTRACTThis article gives an explorative analysis of legal landscapes of international child abduction by parents in India. The international child abduction cases typically involve couples in failed matrimonial relationships, where one parent unilaterally takes the child back to his or her native country. The article examines the principles propounded by the Indian judiciary in these cases and the latest Indian legislative initiative to tackle the problem, the draft Civil Aspects of International Parental Abduction Bill, 2016, which was open for public comments. The article considers whether the Bill is in conformity with Hague Convention on the Civil Aspects of International Child Abduction 1980 and whether it provides a strong mechanism to tackle international parental child abduction. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw016
Authors:Broadhurst K; Mason C. First page: 41 Abstract: ABSTRACTThis article aims to capture the full range of consequences that birth parents face, following court-ordered removal of their children on account of child protection concerns. With references to legislative and policy responses in England, the USA, and Australia, we argue that states reinforce parents’ exclusion, where the full gamut of challenges these parents face is poorly understood. Drawing on a wealth of criminological research concerned with the collateral consequences of criminal justice involvement we adapt conceptual ideas and vocabularies to describe the combination of informal and formal penalties that parents face at this juncture. Discussion extends previous published studies concerned with loss and social stigma following child removal but charts new theoretical ground regarding legal stigmatization and welfare disqualifications. The article is timely given the continued high volume of children entering state care in a number of international jurisdictions and recent empirical evidence from England that a sizeable population of birth parents who appear as respondents in the family court are repeat clients. Making the case for a fundamental re-appraisal of state responses following court-ordered removal, the article concludes with a call for a more comprehensive family justice response, attuned to the additive burden of child removal on parents whose lives are already blighted by histories of disadvantage. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw013
Authors:Frías SM. First page: 60 Abstract: ABSTRACTThis article examines the reasons why and the circumstances in which Mexican women from seven indigenous communities in Oaxaca and Chiapas married or began a common-law relationship against their will, and the role played by their families. A recent national survey shows that 4.1 per cent of indigenous women was obliged to marry and 4.8 per cent was sold. This practice is conceptualized as an expression of both family and partner violence against women, but it is not often labelled and recognized as such. Forced marriage is associated with women’s transgression of traditional gender roles, rape, as well as traditions and practices that consider women’s opinions and consent as unnecessary. Forced marriages are less common now than they were in the past because of the greater awareness of women’s rights. But the practice persists. The link between non-consensual marriages and intimate partner violence is discussed, and public policy implications are presented. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw014
Authors:Roca Trias E. First page: 79 Abstract: ABSTRACTThe family as a social group has experienced a radical change especially after the end of the Second World War. The first question that arises from this concerns the role the legal system has to play when social circumstances change so fast that no sooner has the legislature decided to regulate a situation than it is already overtaken by events that are heading in another direction. To try to find the most appropriate response to this, this article uses different ideological approaches that lead to protecting autonomy as the best way of regulating family circumstances in the present context. The problems of the constitutionality of marriage between persons of the same sex and the protection of independence for those who do not want to marry are analysed from that perspective. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw020
Authors:Naldini M; Long J. First page: 94 Abstract: ABSTRACTThe social and legal changes in the geographies of families in Member States encourage the European Union to reconsider its traditionally prudent approach to family law. Indeed, the free movement of people, an essential characteristic of European citizenship, requires legally established family statuses to be ‘portable’ abroad. Furthermore, the variety of national regulations favours marriage and reproductive mobility, thus forcing domestic and European legislatures and courts to challenge the definitions of family found in the law and in social policy in the name of the right to family life and the principle of non-discrimination. Hence, this article starts by discussing the various notions of family that emerge from domestic laws and social policies in six EU Member States with different legal, cultural, and social backgrounds (Italy, Spain, Denmark, the Netherlands, Croatia, and Hungary). It then delineates the role of Europe and the social and legal interactions between Member States in the construction of a definition of family. Finally, it concentrates on cross-border reproductive care, a case study that allows for shedding light on the convergences among countries, as well as the role of Europe as a supra-national institution and as a space in which family models circulate and spread. The main conclusion is that a multilevel analysis of the notion of family shows the circularity of interactions top-down and bottom-up between Europe and individual States, as well between society and law. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw017
Authors:Eekelaar J. First page: 114 Abstract: A Utopian Dream? A Review of European Family Law, Vols I–IV, edited by ScherpeJens M., Edward Elgar Publishing: Cheltenham/Northampton, MA, 2016. ISBN 978 1 78536 298 9 (4 volume set) 978 1 78536 303 0 (e book). Vol I (342 pp); vol II (378 pp); vol III (382 pp); vol IV (161 pp), all including indices. PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw018
Authors:Norton J. First page: 126 Abstract: AhmedFarrah, Religious Freedom under the Personal Law System, Oxford University Press, 2016, 264pp, £24.99, Hardback, ISBN 978-0-19-945806-6 PubDate: 2017-03-10 DOI: 10.1093/lawfam/ebw019
Hybrid journal (It can contain Open Access articles)
[370 journals]
