Category Archives: Family Law

Kenneth Pike, ‘The Trust Model of Children’s Rights’

ABSTRACT Is parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is […]

Dov Fox, ‘Birth Rights and Wrongs: Reply to Critics’

ABSTRACT Advances in medicine and technology promise to deliver us from the vagaries of the genetic lottery. But the pandemic hasn’t spared reproductive freedom. School closures and clinic restrictions make birth control and fertility treatment harder to get, while new regulations put abortion, surrogacy, and genetic testing out of reach for many in need. My […]

Ram Rivlin, ‘Fairness in Allocations of Parental Responsibilities, and the Limits of Law’

ABSTRACT When families dissolve, familial burdens and benefits as marital property and the burden of child support should be distributed. These allocations, sometimes made by courts and sometimes through private negotiation, are better to be fair. Also requiring allocation is the right and duty to take ongoing care of one’s children. Current legal schemes of […]

Raymond O’Brien, ‘Marital Versus Nonmarital Entitlements’

ABSTRACT The percentage of adult couples living in intimate nonmarital cohabitation continues to increase. The period of cohabitation is most often for a short period of time and entered into for several reasons. But for a small percentage of these and an increasing percentage of longer-term cohabitants, dissolution during life or at death often results […]

Sharon Shakargy, ‘Choice of Law for Surrogacy Agreements: In The In-Between of Status and Contract’

ABSTRACT Surrogacy agreements regulate various matters, including parentage, consent to medical procedures, the performance of a very personal service, and monetary compensation. All these questions, which jointly structure the surrogacy, are bundled up together, separated only by extremely fine lines. Collectively, they comprise the basis upon which local and transnational surrogacies are executed. Legislators world-wide […]

Anatoliy Pashynskyi, ‘Property Relations Between Unmarried Cohabitants in International Family Law’

ABSTRACT This article is about the legal regulation of property relations between unmarried cohabitants in national legislation and the attempts to govern the said issues on the international level. The paper classifies states into groups based on their legal approach to unmarried cohabitation with examples from domestic legislation and court practice. The paper highlights the […]

Lionel Smith, ‘Parenthood is a fiduciary relationship’

ABSTRACT Canadian courts have held that parents stand in a fiduciary relationship with their children. Some commentators take the view that this is an inappropriate and unwarranted extension of a set of concepts that were originally elaborated in the context of the management of property rights and other pecuniary interests. The goal of this article […]

‘Reproductive Exceptionalisms’

Dov Fox, Birth Rights and Wrongs: How Medicine and Technology are Remaking Reproduction and the Law (2019). Over the past four decades, people have increasingly turned to reproductive technologies to form their families. As technologies such as egg freezing, in-vitro fertilization, and pre-implantation genetic diagnosis have developed and improved, processes that were once left to […]

Andrea Mulligan, ‘Protecting Identity In Collaborative Assisted Reproduction: The Right To Know One’s Gestational Surrogate’

ABSTRACT Gestational surrogacy presents a unique form of parenthood: that which is biological but not genetic. This new form of parenthood demands a re-examination of the rights and duties that arise from the parent–child relationship. This article is concerned with the surrogate-born person’s right to know his or her gestational surrogate, an aspect of the […]

Naomi Cahn, ‘What’s Wrong About the Elective Share “Right”?’

ABSTRACT This Article examines one form of property rights available to a surviving spouse, the elective share. The elective share serves as an override to a testator’s stated intent by allowing the surviving spouse to choose to take a portion of the decedent’s estate – even if the will explicitly disinherits the surviving spouse. The […]