Parental Rights and Responsibilities

Family Law › Human Rights

Parental Rights and Responsibilities

By Stephen Gilmore
Routledge January 2017

Specifications

ISBN-13
9781472463371
Publisher
Routledge
Publication
January 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ‘parent’ and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

Table of Contents

Introduction, Stephen Gilmore.

Part I Who or What is a Parent? Underlying Rationales: The origin of parental rights, Barbara Hall
What does it mean to be a 'parent'? The claims of biology as the basis for parental rights, John Lawrence Hill
The intention to be a parent and the making of mothers, Gillian Douglas
Toward a pluralistic account of parenthood, Tim Bayne and Avery Kolers
Procreation and parental responsibility, Jeffrey Blustein
The moral basis of children's relational rights, James G. Dwyer
The changing face of adoption - the gift/donation model versus the contract/services model, N.V. Lowe.

Part II Legal Concepts of 'Parent' and their Linkage: Parentage, parenthood and parental responsibility: subtle, elusive, yet important distinctions, Andrew Bainham
Rethinking parental responsibility, John Eekelaar.

Part III The Legal Parent - Accommodating Complexity: Law and the complexities of parenting: parental status and parental function, Craig Lind and Tom Hewitt
What is a parent?, E. Jackson
Arguments about parentage, Andrew Bainham
Tangling the web of legal parenthood: legal responses to the use of known donors in lesbian parenting arrangements, Leanne Smith
Challenging presumptions: legal parenthood and surrogacy arrangements, Kirsty Horsey.

Part IV The Nature and Scope of Parental Rights: The myth of parental rights, Phillip Montague
Conceptions of parental autonomy, Colin M. MacLeod
Is anything now left of parental rights?, Andrew Bainham
The welfare principle and the rights of parents, Jonathan Herring
Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act, S. Choudhry and H. Fenwick.

Part V Shared Parental Responsibility: The meaning and allocation of parental responsibility - a common lawyer's perspective, N.V. Lowe
The degradation of parental responsibility, H. Reece
Legislating for shared time parenting after separation: a research review, Belinda Fehlberg, Bruce Smyth, Mavis Maclean and Ceridwen Roberts.

Part VI Parental Rights and the State: Licensing parents revisited, Hugh LaFollette
Child abuse: parental rights and the interests of the child, David Archard
Making and breaking family life: adoption, the state, and human rights, Sonia Harris-Short.

Index.
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