Dodging the Donor Daddy Drama: Creating a Model Statute for Determining Parental Status of Known Sperm Donors

Despite recent innovations in alternative reproduction technology and the increased use of artificial insemination procedures, courts and legislatures have been unable to develop a clear and consistent test to establish the parental rights and obligations of sperm donors. As a result, there are mixed outcomes in cases where intended parents seek child support from an unsuspecting donor or when donors petition the court for visitation with their biological children. This Note seeks to resolve the ambiguity in determining sperm donors’ parental status by proposing a model state statute that makes nonpaternity the default rule. Under the statute, sperm donors would not be subject to any of the parental rights or obligations of a traditional biological father. However, the presumption of nonpaternity could be overcome if the parties agree, in writing, prior to the insemination. Further, the model statute provides an exception to the default rule if the donor has played an active role in the child's life. Adopting this model statute will not only facilitate a market for sperm donation but also make donor rights and obligations clear from the onset.

Key Points for the Family Court Community
• Today, infants born using artificial reproduction technology (ART) represent more than one percent of children born in the United States annually.
• When a donor is anonymous, the law is clear: the donor is not a legal parent. However, the law regarding known donors is less straightforward. Depending on the state and the particular circumstances, the parental status of a known donor is questionable.
• The ambiguity in the law creates confusion and disagreement among the parties in a donor agreement. By comparing factually similar cases, in which courts interpreted donor statutes with identical language, in completely opposite ways, it is easy to see the unpredictability in ART cases.
• The proposed model statute provides unambiguous legislation that sets out a clear standard to be used in determining the parental status of known donors. If adopted by state legislatures, courts across the country would finally have a consistent rule to apply, leading to less confusion and contradictory rulings.
• The key issue is honoring intentional parentage and the proactive choice to use ART to have a child on one's own terms.

     

'Good Governance': The Rise and Decline of a Policy Metaphor?

This study aims to explore the conditions under which the criterion of 'good governance' first became adopted as a donor policy metaphor and now seems likely to get eclipsed. Why did it emerge at the time it did, and what, since then, has been its track record? Particular attention will be given in this regard to successive shifts in the relevant policy thinking within the World Bank. Moreover, the study discusses whether good governance is likely to keep drawing the same level of attention as it has done hitherto.     

Trade versus aid: donor generosity in an era of globalization

Why do foreign aid budgets vary across countries and over time? Existing research indicates that the same set of factors shapes commitments toward both domestic and international redistribution. While scholars have acknowledged international normative influences on aid allocations, research on levels of donor generosity has not examined how international trade influences aid budgets. This paper examines whether imports from developing countries have a ‘displacement effect’ on aid commitments. Employing a panel of nineteen OECD donor countries, we analyze aid budgets from 1980 to 2000. We find that increased imports from developing countries to donor countries are associated with aid reductions. These results persist after controlling for international and domestic variables identified in previous research, and under other estimation techniques and model specifications.     

Do donors cooperatively fund foreign aid?

Donor’s demand equations for alternative forms of aid are derived for three allocation processes: noncooperative Nash-Cournot, cooperative Lindahl, and bureaucratic. Based on OECD data for official development assistance for 1970–2001, we apply non-nested tests to distinguish between Nash-Cournot and Lindahl reduced-form equations for 15 major donor nations. Noncooperative Nash-Cournot behavior characterizes many donors, with a few abiding by bureaucratic behavior and none by Lindahl behavior. Joint products are present for multilateral and bilateral giving. Despite the common-pool nature of giving to multilateral organizations, countries derive donor-specific benefits and often view others’ donations as complementary to their own gifts.      

Business’ societal involvement: towards a moral view

Abstract

Businesses which function according to a neoliberal framework objectify society by seeing it as a mechanism to enhance profit. Businesses become involved on a societal level so as to portray themselves as caring and to generate positive publicity. This article critically discusses this relationship between business and society and then investigates two alternatives, namely, alternatives along the socialism-capitalism continuum and alternatives beyond the socialismcapitalism debate. In this relationship, conservation, eco-operation, empowerment, accord, succour and justice are important to business. The managerial relationship between business and society is analysed against the background of businesses’ involvement in society.     

Medieval Arabic Algebra as an Artificial Language

Medieval Arabic algebra is a good example of an artificial language.Yet despite its abstract, formal structure, its utility was restricted to problem solving. Geometry was the branch of mathematics used for expressing theories. While algebra was an art concerned with finding specific unknown numbers, geometry dealtwith generalmagnitudes.Algebra did possess the generosity needed to raise it to a more theoretical level—in the ninth century Abū Kāmil reinterpreted the algebraic unknown “thing” to prove a general result. But mathematicians had no motive to rework their theories in algebraic form. Because it offered no advantage over geometry, algebra remained a practical art in both the Islamic world and in Europe until the scientific uphevals of the 17th–18th centuries.     

无因管理人的报酬请求权问题研究——兼论民法制度设计中的“人性预设”问题

中国民法理论不承认无因管理的报酬请求权,但欧洲大多数国家都承认在特定情况下无因管理的报酬请求权。究其缘由,主要是中国民法以一种固定的人性预设作为制度设计的前提,而欧洲国家是通过适当的权利义务配置,去激励当事人从事社会所期许的行为。中国民法理论必须克服传统思维中模式化的＂义利之辨＂,以一种更加现实的态度去设计民法制度。     

Establishing Identity: How Direct‐to‐Consumer Genetic Testing Challenges the Assumption of Donor Anonymity

The rise of direct‐to‐consumer genetic testing is challenging the rules and expectations of the fertility industry concerning donor anonymity. While ethicists debate whose rights should prevail, many donor conceived people, recipient parents and donors are currently sharing their genetic information, along with methods to identify genetic links, in vast online communities, invalidating donor anonymity and providing a platform for those who advocate globally for legislative change to support donor‐linking practices. This article looks at why it is important to access this information in relation to identity and kinship formation and how the Family Court Community can apply this knowledge in order to achieve better outcomes for children and families.     

Whole bovine blood use in forensic research: Sample preparation and storage considerations

Mammalian whole blood sources are often used for forensic research and training when human samples cannot be sourced. While porcine, ovine and equine blood have been shown to be viable alternatives to whole human blood for forensic purposes, procurement can still pose a problem, especially for smaller and remote institutions. This work explores the use of whole bovine blood for basic bloodstain simulation. Sample preparation through the addition of ACD-A anticoagulant was optimized and storability was explored. Viscosity, surface tension, density, and packed cell volume, four fluid properties relevant to bloodstain pattern analysis, were monitored over four days and in two temperature conditions. Linear mixed models accounting for variation in the donor demonstrated that these fluid properties of the bovine blood changed predictably over time and with temperature. Whole bovine blood with 12.5% v/v ACD-A was found to be viable for use in basic bloodstain simulation at ambient and physiological temperature.