Mix-Ups, Mistake and Moral Judgement: Recent Developments in U.K. Law on Assisted Conception

Hard cases make bad law. In a matter of months, two such cases involving assisted reproduction have appeared before the U.K. High Court and legislation has been enacted. The common threads between them are consent and fatherhood. The first case concerns a ‘mistake’ resulting in sperm from the wrong man being used to create an embryo for a couple and the second the revocation of consent by a man to his former partner being allowed to use an embryo they created together. Furthermore, Parliament has intervened, passing legislation which sets out when sperm from a dead man may be used by his former partner to generate an embryo. This note argues that the three developments cannot be reconciled with one another and that the cases in particular, decided on a narrow legal basis, convey contradictory messages, leading in at least one instance to a gross injustice.     

Single and Married Women in the Law of Israel – a Feminist Perspective

This paper examines the ways Israeli law differentiates betweensingle and married women. The first section explores the littlewe know of single women and single mothers' realities. The secondsection analyses Israeli laws related to military service,housing assistance, homemakers' status in the social securitysystem, ways of becoming a mother, and public support formothers. The legal analysis reveals complex distinctions betweensingle and married women ranging from ignoring single women whenthey have no children and encouraging them to marry, toambivalence towards single women who want to conceive, and ontosubstantial public support for single women who are alreadymothers. The article points to directions of change needed so thelaw will adequately address single women's choices and needs.     

Gender, citizenship and human reproduction in contemporary Italy

This article examines how the recently introduced law on assisted reproduction in Italy, which gives symbolic legal recognition to the embryo, came about, and how a referendum, which would have repealed large sections of it, failed. The occupation of the legal space by the embryo is the outcome of a crusade by a well-organised alliance of theo-conservatives. These groups see in reproductive medicine an uncontrolled interference with their notion of the natural order of things. Such a worldview requires a total ban on stem cell research, limitation of access to reproductive technologies and repressive laws to govern the area. This conservative dream scenario has come closer to being realised by the introduction of a law doing all of these things in the name of the protection of “Life”. In the case of this law, the “life” to be protected is the embryo. In the name of “Life”, scientific advances and individual liberty have been curbed. The politics of embryo citizenship is a politics which values the yet to come over the here and now, purgation over pleasure, and the transcendent over the material.     

That’s One Heck of an “Unruly Horse” Riding Roughshod overr Autonomy in Wrongful Conception

The case of Rees v. Darlington Memorial Hospital N.H.S. Trustarises from a lower court backlash against the a prior decision of the British House of Lords in McFarlane v. Tayside Health Board. McFarlane holding that healthy children brought about by negligence in family planning procedures are blessings, and parents should therefore be denied the costs of child maintenance. But, would the House agree with the Court of Appeal in Reesthat the factual variation in that case of a disabled parent with a healthy child should form an exception? In tracing the appeal of Reesto the House of Lords, this note explores their Lordships’ refusal in principle to depart from McFarlane, as well as the invocation of an autonomy-based approach to address the harm of unsolicited parenthood. In reflecting on the extent to which the wrongful conception action can be said to reinforce the value of reproductive autonomy, this note argues, nevertheless, that Reesillustrates in another way a significant departure from McFarlane, but that this is still a turn in the wrong direction. Far from resonating with women’s diverse experiences of reproduction, the law of negligence continues to illustrate little respect for reproductive choice. Therefore, this note calls for a deeper understanding of autonomy, one that recognises and embraces the diversity of individuals’ reproductive lives.     

Mothers on Trial: Discourses of Cot Death and Munchausen’s Syndrome by Proxy

This article explores some of the issues raised by Munchausens Syndrome by Proxy (MSbP) and the relationship between medicine and law, specifically the discourses which feature in the courtroom portraying motherhood and expectations of parenting. These discourses are often hidden yet play a determining role in prosecutions for alleged maltreatment of children involving medically unexplained infant death syndrome. We offer a critique of MSbP and seek to unveil the assumptions about mothers, the parent predominantly affected by the diagnosis, and mothering that underlie the association of women accused of deliberating harming their children. We suggest such insights are valuable because although the syndrome has never acquired a clear medical or legal definition, it has had repeated appearances in the literature and courtroom over the last 25 years and has more recently attracted attention from government, health care practitioners, academics and the media. We explore these issues through an examination of two recent Court of Appeal decisions in England: those of Sally Clark and Angela Cannings.