Defining the Family : Law, Technology, and Reproduction in an Uneasy Age

by Dolgin, Janet L.

• ISBN13: 9780814719176
• ISBN10: 0814719171
• Format: Paperback
• Copyright: 1999-08-01
• Publisher: New York Univ Pr

Summary

The best book for lawyers to read on the problems of assisted reproduction.--JurimetricsCarefully researched... In Professor Dolgin's view, the family carried forward the feudal structure of hierarchy, mutual loyalty and lack of individual autonomy into the modern era until, like other institutions, it came under stress from the overriding reality of modern life: marketplace economics.--New York Law JournalDolgin argues that [surrogacy and reproductive technologies] have only accelerated a clash in visions of the family that have uneasily coexisted for more than a century.--ChoiceDefining the Family: Law, Technology, and Reproduction in an Uneasy Age provides a sweeping portrait of the family in American law from the nineteenth century to the present. The family today has come to be defined by individuality and choice. Pre-nuptial agreements, non-marital cohabitation, gay and lesbian marriages have all profoundly altered our ideas about marriage and family. In the last few years, reproductive technology and surrogacy have accelerated this process of change at a breathtaking rate. Once simple questions have taken on a dizzying complexity: Who are the real parents of a child? What are the relationships and responsibilities between a child, the woman who carried it to term, and the egg donor? Between viable sperm and the wife of a dead donor? The courts and the law have been wildly inconsistent and indecisive when grappling with these questions. Should these cases be decided in light of laws governing contracts and property? Or it is more appropriate to act in the best interests of the child, even if that child is unborn, or even unconceived? No longer merely settling disputes among family members, the law is now seeing its own role expand, to the point where it is asked to regulate situations unprecedented in human history. Janet L. Dolgin charts the response of the law to modern reproductive technology both as it transforms our image of the family and is itself transformed by the tide of social forces.

Table of Contents

Preface	ix
Acknowledgments	xiii
Introduction	1	(13)
The Transformation of the Family	14	(18)
Family Law in Transition	32	(31)
Status and Contract in Surrogate Motherhood	63	(31)
Unwed Fathers and Surrogate Mothers	94	(40)
Social Implications of Biological Transformations	134	(42)
The ``Intent'' of Reproduction	176	(37)
Suffer the Children	213	(42)
Conclusion	245	(10)
Notes	255	(18)
Bibliography	273	(10)
Index	283