Beyond conception: legal determinations of filiation in the context of assisted reproductive technologies.
نویسنده
چکیده
This article argues that legal determinations of filiation are normative ideological constructions about how societal relations between parents and children should be ordered. They are based upon regular understandings of the relationship between biological and social facts and, as this article demonstrates, operate to create an asymmetrical relationship between the categories between paternity and maternity. I suggest that fairly recent developments in reproductive and genetic filiation have been made and offer the potential for an expanded understanding of relatedness or kinship which does not take the two-parent--one of each sex--model of the family as its normative form. While the examples I draw on arise in the context of reproductive technologies, I suggest that the analysis has broader implications for the recognition of broader family forms and relationship.
منابع مشابه
تحول مفهوم نسب در پرتو فناوری‌های نوین درمان ناباروری
The increasing use of infertility treatments has given rise to the issue of filiation of the children conceived through such methods and created serious theoretical challenges. In this regard, it seems necessary to scrutinise the concept of filiation and understand its nature. The main question here would be whether filiation is a biological and natural concept, or a legal and normative one. Th...
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Objective Multiple pregnancies occur more frequently in assisted reproductive technology (ART) compared to normal conception (NC). It is known that the risk of congenital malformations in a multiple pregnancy are higher than single pregnancy. The aim of this study is to compare congenital malformations in singleton infants conceived by ART to singleton infants conceived naturally. MaterialsAndM...
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Assisted reproductive technologies (ART) like in vitro fertilization have enabled many infertile couples to achieve pregnancy. Although ART pregnancies have long been known to be characterized by increased rates for certain maternal complications, these complications are predictable based on the mother’s more advanced age - increased medical complications like hypertension or diabetes mellitus....
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ورودعنوان ژورنال:
- Osgoode Hall law journal
دوره 39 4 شماره
صفحات -
تاریخ انتشار 2001