Category Archives: Family Law

Brian Sloan, ‘The “Chimera” of Parenthood’

ABSTRACT In apparently the first reported instance of a paternity test being ‘fooled’ by a ‘human chimera’, a man ‘failed’ a paternity test because the genetic material in his saliva was shown to be different from that in his sperm. Such a chimera has extra genes, here absorbed from a twin lost in early pregnancy. […]

Man Yip, ‘Comparing family property disputes in English and Singapore law: “context is everything”’

ABSTRACT This paper examines why Singapore law has not followed English law in the area of beneficial ownership of family property. It points out that the landmark cases in the two jurisdictions are underpinned by different family paradigms. The English landmark cases are based on the unmarried cohabitants paradigm and the legal rules that have […]

Ryznar and Stępień-Sporek, ‘The Legal Framework of Cohabitation’

ABSTRACT Legal responses towards cohabitation are different even in countries belonging to similar legal traditions, showing the dynamic nature of family law. Indeed, cohabitation has encountered a wide range of social, legislative, and judicial reactions. This chapter examines the legal framework of cohabitation in the US and Poland as representative approaches. Both countries, like many […]

Erez Aloni, ‘Compulsory Conjugality’

ABSTRACT What happens when the state changes the default rules that govern financial obligations between unmarried partners from opt in to opt out? Most states have an opt-in rule: unmarried partners do not take on financial obligations of one another unless they agree to do so with a contract. Nevertheless, advocates argue that an opt-out […]

Marotta and Parise, ‘Public and Private Intermingled: Changes in the Family and Property Laws of Argentina’

INTRODUCTION The traditional division of law into private and public has faded away in many jurisdictions across the globe, already for several decades. The Republic of Argentina is no exception to that phenomenon, since private and public law cannot be considered watertight compartments. This report addresses the interplay of private and public law in that […]

Alan Brown, ‘Trans Parenthood and the Meaning of “Mother”, “Father” and “Parent” – R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559′

ABSTRACT In R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559, the Court of Appeal held the Registrar General was correct to register a trans man, who had given birth after the issuing of his gender recognition certificate, as ‘mother’ on his son’s birth certificate. In their judgement, the […]

‘A Proposal to Protect Transgender Beneficiaries’

Carla Spivack, ‘The Dilemma of the Transgender Heir’, 33 Quinnipiac Probate Law Journal 147 (2020), available at HeinOnline. A goal of professors is, or should be, to think about legal issues that have not yet arisen but that are likely to arise in the future. By thinking of the issues before they arise, we can […]

John Enman-Beech, ‘Drawing Contract and Polyamory Together’

ABSTRACT Polyamory means consensual, aspirationally gender-egalitarian, non-monogamous relationships. People who engage in such relationships often seek relationship advice. This article is a critical review of a self-help webcomic and other texts in the light of contract theory. Polyamorous people often use contractual concepts to understand their relationships and how to carry them out. Applying critical […]

‘Discourtesy about curtesy: land squabbles in Victorian “Brecknockshire”’

“Another set of documents on the list for the next National Archives trip involves a raid into the nineteenth century, to tie up some loose ends relating to tenancy by the curtesy (widower’s right to hold land after wife’s death, which, at common law, depended on the birth of a living child to the parents). […]

‘The Barmaid’s Belly: a late case of de ventre inspiciendo

“Today, I am researching (in so far as it is possible, without usual access to libraries, archives etc) a late instance of the writ de ventre inspiciendo – ordering the inspection of a woman claiming pregnancy, by women, in civil proceedings. It has come up in my research on ‘Unknowns at the Start of Life’ […]