Category Archives: Family Law

Kristine Knaplund, ‘Reimagining Postmortem Conception’

ABSTRACT Hundreds, likely thousands, of babies have been born years after a parent has died. Thousands more people have cryopreserved their sperm, ova, and embryos, or have requested that a loved one’s gametes be retrieved after death to produce still more such children. Twenty-three states have enacted statutes detailing how these postmortem conception children can […]

‘Judging Gender’

Marie-Amélie George, ‘Exploring Identity’, 54 Family Law Quarterly (forthcoming, March 22, 2021), available at SSRN; Claire Houston, ‘Respecting and Protecting Transgender and Gender-Nonconforming Children in Family Courts’, 33:1 Canadian Journal of Family Law 103 (2020). Increasingly, courts in the United States and Canada are called to rule on parental disputes about the gender identity and […]

Ben Chen, ‘Family Fiduciaries In The Protective Jurisdiction’

ABSTRACT Baby boomers in Australia are entering retirement with a higher life expectancy and more wealth than any generation before them. Mental and physical decline can make it difficult or impractical for many older people to safeguard their own financial interests. In particular, guardians and attorneys who manage property for the elderly have the opportunity […]

Vera Lúcia Raposo, ‘Wrongful disturbance of reproductive planning: Is there a case for liability?’

ABSTRACT This article analyses claims involving parental allegations pertaining to the features their children were born with in violation of the express requests they made when they used reproductive procedures. This kind of claim, encouraged by the development of reproductive techniques and their associated procedures, has until now found little support in the courts. However, […]

Alexandra Holmstrom-Smith, ‘Free Market Feminism: Re-Reconsidering Surrogacy’

ABSTRACT The COVID-19 pandemic has thrown the global surrogacy industry into chaos, stranding surrogates, infants, and their caretakers across the world from the intended parents. As surrogates and staff are left caring for infants that are strangers to them by law, the emotional toll of commercial surrogacy is more visible than ever before. In this […]

Malinda Seymore, ‘Inconceivable Families’

ABSTRACT Basic biology tells us that each child has no more than two biological parents, one who supplies the egg and one who supplies the sperm. Adoption law in this country has generally followed biology, insisting only two parents be legally recognized for each child. Thus, every adoption begins with loss. Before a child can […]

Mark Pawlowski, ‘Proprietary Estoppel: Widening the Net’

ABSTRACT Most of the case law on the entitlement to family assets is concerned with disputes concerning beneficial ownership of the matrimonial (or quasi-matrimonial) home. This, of course, is not surprising given that the family home is likely to be the most substantial asset acquired by the parties during the period of their marriage or […]

Kristine Knaplund, ‘Reimagining Postmortem Conception’

ABSTRACT Hundreds, likely thousands, of babies have been born years after a parent has died. Thousands more people have cryopreserved their sperm, ova, and embryos, or have requested that a loved one’s gametes be retrieved after death to produce still more such children. Twenty-three states have enacted statutes detailing how these postmortem conception children can […]

Imogen Goold, ‘Recognising What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX

ABSTRACT Whittington Hospital NHS Trust v XX (XX) turned on whether the courts should fund the creation of children for a woman negligently denied the ability to do so herself by awarding her the cost of pursuing surrogacy via a commercial service in California. The key issues were whether these costs should include surrogacy using […]

Anna Heenan, ‘Neoliberalism, family law, and the devaluation of care’

ABSTRACT There is a conflict at the heart of family law between neoliberal ideas of autonomy, which increasingly influence law and policy, and the lived realities of family law’s subjects. Neoliberal norms, which assume individual responsibility, financial independence, and freedom of choice, do not reflect the nature of decision making in intact families or the […]