Medico-legal aspects of reproduction and parenthood

書誌事項

Medico-legal aspects of reproduction and parenthood

J.K. Mason

(Medico-legal series)

Ashgate , Dartmouth, c1998

2nd ed

  • : hard
  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: hard ISBN 9781840140651

内容説明

This work is concerned, in the main, with reproduction - for which marriage is not an essential prerequisite. Nevertheless, much of sexuality and the greater part of parenthood still subsist within the marital relationship. Sex and marriage are interdependent - indeed the definition of the latter depends on the former. After looking at the prerequisites for marriage and for making a marriage void, the author shows that the medico-legal interests of marriage relate to the mental health and the sex of the parties. The author also looks at various aspects of the sexual-familial relationship, including contraception, sterilization, abortion, protection of the foetus, foetal experimentation, the infertile husband, the infertile woman, defective neonates and infants, consent to treatment and research in children, the protection of young children and the killing of children within the family. Cases are used to highlight the legal aspects of these subjects.

目次

  • Part 1 Sex and marriage: marriage - valid marriage, void marriage, voidable marriage, mental disorder and marriage
  • sex
  • transsexual "marriage". Part 2 Sexual intercourse: sexual intercourse and the criminal law - intramarital "rape", indecent assault within marriage, the definition of sexual intercourse in the criminal law
  • consummation of marriage
  • adultery
  • non-consummation of marriage. Part 3 Contraception: medical aspects of contraception
  • contraception and the mentally handicapped
  • contraception for minors - the "Gillick" case
  • interceptive method - displanting methods
  • summary. Part 4 Sterilization: non-consensual sterilization - involuntary sterilization, eugenic sterilization, punitive sterilization
  • non-voluntary sterilization - sterilization of the mentally impaired, the Canadian approach, the Australian experience, the English decisions, other British cases
  • the right to procreate
  • consensual non-therapeutic sterilization
  • the doctrine of "informed consent"
  • failed sterilization or wrongful pregnancy. Part 5 Abortion: the law in the United Kingdom
  • the Abortion Act 1967
  • the comparative scene - Northern Ireland, the Republic of Ireland, Germany, the American approach, other jurisdictions
  • the conflicts of interests - the rights of the pregnant woman
  • abortion in practice
  • other people's rights - the father, the professionals
  • abortion and minors
  • abortion and the mentally handicapped
  • reduction of multiple pregnancy and selective reduction
  • "preventive" abortion
  • revision of the law. Part 6 Protection of the fetus: the legal right of the fetus - can we say the fetus is a person?
  • wrongful death of the fetus - fetal rights to treatment, interventional treatment of the fetus
  • fetal rights and abortion - the "wrongful life" action, the preconception tort
  • the living abortus - fetal advantage?, comatose or post-mortem gestation
  • fetal neglect
  • fetal disposal. Part 7 Fetal experimentation: the moral framework
  • consent and fetal research and experimentation - legal constraints, civil liability, maternal consent to fetal research, the use of uterine contents other than the fetus
  • the fetus or the neonate as an organ transplant donor - the donation of fetal cellular material, fetal ovaries and ova
  • research ethics committees. Part 8 The infertile husband: infertility in general
  • childlessness due to non-consummation and related reasons - artificial insemination by husband or partner
  • posthumous AIH
  • other reasons for AIH
  • the infertile husband - artificial insemination by donor (AID) - the role of the medical adviser, the donor, the prospective parents, the child conceived by AID, evading the issue - AIHD. Part 9 The infertile women: causes of female infertility
  • the problem of tubal insufficiency - in vitro fertilization
  • medico-legal complications of IVF
  • the aftermath of the Warnock Committee
  • other treatments of childlessness - ovum donation. (Part contents)
巻冊次

: pbk ISBN 9781855218161

内容説明

Those involved in family and sexual relationships today face a bewildering variety of medico-legal dilemmas. These are encountered from as early as the preconception state of the embryo and continue throughout the period of child raising until the status of the mature minor is achieved. This book dissects a wide range of legal, medical and ethical issues surrounding reproduction and the parental relationship with the resultant child. Questions posed in the various sections include: what constitutes sexual intercourse, what are the implications of contraception and sterilization, is the abortion issues dead?. Is there a right to reproduce and, if so, how is this applied to the modern methods of assisted reproduction?. Is surrogate motherhood acceptable or workable?. The concept of fetal rights is explored and specific attention is given to the management of defective neonates in the light of recent judicial decisions. Other chapters look at the parent/child relationship in respect of medical treatment and the book concludes with a review of the interfamilial protection of young children under both the civil and the criminal law. Many of the views expressed are novel in that they represent those of a medical doctor exploring the legal field. It is neither a conventional book on family law nor one on medical law; rather, it draws on both to examine a specific area which affects both in a particularly significant way. Both statute and case law have been extensively updated since the publication of the first edition.

目次

  • Contents: Sex and marriage
  • Sexual intercourse
  • Contraception
  • Sterilization
  • Abortion
  • Protection of the fetus
  • Fetal experimentation
  • The infertile man
  • The infertile women
  • A third party to marriage
  • Defective neonates and infants
  • Consent to treatment and research in children
  • The protection of young children
  • The killing of children within the family
  • Index.

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