CiNii Books - Medico-legal aspects of reproduction and parenthood

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.

Table of Contents

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)

Volume: : pbk ISBN 9781855218161

Description

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.

Table of Contents

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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Medico-legal aspects of reproduction and parenthood

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