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Papa's Baby: Paternity and Artificial Insemination, by Browne C. Lewis
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When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child’s parents are legally bound to provide for their child, and if they don’t, they’re held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. In Papa’s Baby, Browne C. Lewis argues that the courts should take steps to insure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. Lewis supplements her argument with concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, she first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.
- Sales Rank: #3424349 in eBooks
- Published on: 2012-07-03
- Released on: 2012-07-03
- Format: Kindle eBook
Review
"Papa's Baby is well worth reading."-Journal of Family & Consumer Sciences
"Everything you ever wanted to know about the legal status of fathers and children. Whether she’s discussing old-fashioned fornication or new-fashioned test-tube babies, Lewis never loses sight of the human beings behind the legal cases."-Dena Davis,author of Genetic Dilemmas: Reproductive Technology, Parental Choices, and Children's Futures
"Browne Lewis provides a fresh new look at the question of paternity. She compares the law of paternity in cases involving children conceived as a result of passion, or ordinary sexual intercourse, to the law of paternity in cases involving children conceived using the science of artificial insemination or IVF. Lewis' book is a must read for anyone interested in sperm donation, new reproductive technologies, and the law regarding paternity."-Cynthia Lee,George Washington University Law School, and author of Murder and the Reasonable Man
About the Author
Browne C. Lewis is Associate Professor and Director of the Center for Health Law & Policy at Cleveland Marshall College of Law. Her books include Inheritance Rights of Children: Cases and Materials and The Law of Trusts.
Most helpful customer reviews
2 of 2 people found the following review helpful.
A Must Read!
By snorkelsandy
Papa's Baby: Paternity and Artificial Insemination, by Professor Browne Lewis
I bought this book (Kindle version) on the recommendation of a friend who is considering artificial insemination. My friend wanted my opinion, as a lawyer, on the content of the book and its readability for someone not versed in the law. I am quite pleased to highly recommend this book to her. The book is very readable for both the lay reader and for someone interested in this area of the law. Not only is the book clearly written, but it addresses the subject with firm support in the case law without being a boring legal document. Professor Lewis has a storytelling writing style, but she never neglects to give legal support for all of her arguments and positions.
Professor Lewis describes so many ways in which children come into our lives and the ramifications of the conception and birthing decisions. While the reader may know some of these through personal or professional observation, Professor Lewis breaks down the concepts into discrete descriptions that clearly describe the interests at stake.
Her chapters give us an example of how she tackles the material. Children may be those born of passion (Papa's Baby) or those born of science (Papa's Maybe). Paternity adjudication can vary widely from jurisdiction to jurisdiction, and can turn on whether papa was a "rolling stone" or mama was an independent career woman who chose a "father" for her child. As the meaning of parenthood evolves, so should the laws addressing the rights and responsibilities of the family members. The traditional Cuckolded Man (Chapter 1) or Fornicating Man (Chapter 2) might be concepts we are used to in paternity adjudications, but it might surprise the reader to learn how the treatment of the child differs based on the status of the man.
Papa's Maybe, a child of science, is a subject talked about in the news and popular culture. The Non-Consenting Man (Chapter 3) and the Fertile Man (Chapter 4) both can father children, but their rights with respect to the child vary widely. I found this section of the book to be the most challenging because it requires us as a society to deal with the various ways in which children come into this world. Science will continue to perfect reproduction techniques, and the law must keep up with the scientific advances.
As the definitions of family evolve, Professor Lewis turns her attention to the Expanding Definition of Legal Child (Chapter 5) and the Evolving Meaning of Parenthood (Chapter 6). With sufficient legal support in cases and examples, including a very personal example drawn from her own family, Professor Lewis takes the reader through some of the history of the family in this country and explores why we have such divergent approaches to fatherhood. Again, her writing takes the reader through this material with ease.
Families look different today than they once did. The Paternity of Husbands, Same Sex Parents, and Sperm Donors (Chapter 8) is current in its review of paternity situations and results. Professor Lewis does not leave the subject dangling: she offers her recommendations in her Chapter 7, Towards a "Best Interests of the Child" Approach to Paternity Adjudications. As long as the best interests of the child is paramount in paternity decisions, the law will conform to societal movement with the right outcome. Professor Lewis is not so starry-eyed as to suggest that all will be perfect in this imperfect world, but she offers her own strategy for courts to follow as they reach judicial decisions that impact families across this country. Above all, she maintains that the ethics of dealing with the lives of children should be paramount in each and every decision. The primary focus is the answer to the question: What is best for the child?
I highly recommend this book for legislators, legal scholars, and judges in family courts across this country. Perhaps more importantly, this book is a must read for the loving people who are considering ways to expand a family or to begin one.
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