{"title":"“为人父母”意味着什么?生物学作为父母权利基础的主张。","authors":"J. Hill","doi":"10.4324/9781315090085-3","DOIUrl":null,"url":null,"abstract":"Modern technology has wreaked havoc on conventional and legal notions of parenthood For example, the traditional legal presumption granting parental rights to a child's biological mother seems at least questionable when the biological mother differs from the intended mother. As a resul courts employing traditional constitutional and family law doctrines have not adequately sorted out the claims of biological, gestational, and intended parents In this Article Professor Hill argues that the claims of those who first intend to have a child should prevail over those who assert parental rights on the basis of a biological or gestational relation. Such a view, he argues, is consistent with existing case law on the constitutional rights to procreation and privacy and supported by moral theory and modern scientific evidence","PeriodicalId":47736,"journal":{"name":"New York University Law Review","volume":"35 1","pages":"353-420"},"PeriodicalIF":2.1000,"publicationDate":"1991-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"93","resultStr":"{\"title\":\"What does it mean to be a \\\"parent\\\"? The claims of biology as the basis for parental rights.\",\"authors\":\"J. Hill\",\"doi\":\"10.4324/9781315090085-3\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Modern technology has wreaked havoc on conventional and legal notions of parenthood For example, the traditional legal presumption granting parental rights to a child's biological mother seems at least questionable when the biological mother differs from the intended mother. As a resul courts employing traditional constitutional and family law doctrines have not adequately sorted out the claims of biological, gestational, and intended parents In this Article Professor Hill argues that the claims of those who first intend to have a child should prevail over those who assert parental rights on the basis of a biological or gestational relation. Such a view, he argues, is consistent with existing case law on the constitutional rights to procreation and privacy and supported by moral theory and modern scientific evidence\",\"PeriodicalId\":47736,\"journal\":{\"name\":\"New York University Law Review\",\"volume\":\"35 1\",\"pages\":\"353-420\"},\"PeriodicalIF\":2.1000,\"publicationDate\":\"1991-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"93\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"New York University Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.4324/9781315090085-3\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"New York University Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.4324/9781315090085-3","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
What does it mean to be a "parent"? The claims of biology as the basis for parental rights.
Modern technology has wreaked havoc on conventional and legal notions of parenthood For example, the traditional legal presumption granting parental rights to a child's biological mother seems at least questionable when the biological mother differs from the intended mother. As a resul courts employing traditional constitutional and family law doctrines have not adequately sorted out the claims of biological, gestational, and intended parents In this Article Professor Hill argues that the claims of those who first intend to have a child should prevail over those who assert parental rights on the basis of a biological or gestational relation. Such a view, he argues, is consistent with existing case law on the constitutional rights to procreation and privacy and supported by moral theory and modern scientific evidence
期刊介绍:
The New York University Law Review is a generalist journal publishing legal scholarship in all areas, including legal theory and policy, environmental law, legal history, international law, and more. Each year, our six issues contain cutting-edge legal scholarship written by professors, judges, and legal practitioners, as well as Notes written by members of the Law Review.