Abstract
My presentation involves two interesting biomedical technologies with a great deal of significance to everyone concerned about reproductive decision-making, the concept of parenthood, and the rights and responsibilities which originate in and about the family as a social institution. Though these topics have tended to attract the attention of physicians, lawyers, genetic counselors, ethicists, philosophers and theologians, they are undisputedly of great importance to society as a whole as we try to develop coherent, intelligent and humane social policies in these areas.
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For a description of the National Commissioners and their work in the field of organ transplantation, c. f. Curran, W., The uniform anatomical gift act, New Eng. J. Med. 280: 36 (1969).
c. f. Krause, H., The uniform parentage act, Fam. Law Quart. 8: 2
c. f. Krause, H., Illegitimacy: Law & Social Policy (1971) and Clark, H., The Law of Domestic Relations (1968).
Though developments in the area of adoption with respect to the single parent are important to keep in mind. c. f. Clark, op. cit., p. 641.
“Lawful birth, the condition of being born in wedlock, the opposite of illegitimacy or bastardy.” (Black’s Law Dictionary)
“The condition before the law or the social STATUS of a bastard the state or condition of one whose parents were not inter-married at the time of his birth.” (Black’s Law Dictionary).
c. f. Katz, S., When Parents Fail: The Law’s Response to Family Breakdown. (1972).
l. Blackstone, W., Commentaries on the Law of England 459.
For example, Levy v. Louisiana 391 U.S. 68 (1968). Weber v. Aetna Casualty & Security Company 406 U.S. 164 (1972)
c. f. Curran, W. and Shapiro, E., Law, medicine and forensic science, 517–524.
c. f. Grad, F., Public Health Law Manual, 53–75.
c. f. Annas, G., The Rights of Hospital Patients, Chapter VI, “Informed Consent to Treatment.”
Orford v. Orford, 58 Dominion Law Reports, 251, 255 (1921).
Ibid.
Doornbos v. Doornbos (23 U.S. Law Week 2308 (1954) Anonymous v. Anonymous (246 NYS 2n 835 (1964)* Gursky v. Gursky (242~~NYS 2n 406 (1963)*
Strnad v. Strnad 78 NYS 2d 590 (1948)* People v. Sorenson 68 Cal 2d 280 (1968) In the Matter of the Adoption of Anonymous, 345 NYS 2d 430 (1973)*
Compare The New York Cases included in notes 15 & 16 (*).
Georgia Code 74–101.1.
Oklahoma Statutes, Title 10, 551 to 553.
Kansas Statutes, Sections 23–128; 23–129; 23–130.
California Civil Code Section 216; California Penal Code Section 270.
Arkansas Statutes 61–141.
North Carolina General Statutes, Section 49A-1.
Maryland Code, Article 43, Section 55%.
.137 N.W. 2d 861 (1965).
.137 N.W. 2d 861, 865–6.
c. f. Schatkin, Disputed Paternity Proceedings.
c. f. New Hampshire: “If the experts disagree in their findings Revised Statutes or conclusions, the question shall be Annotated 522:4 submitted upon all the evidence.”
E.G. — Alabama: “The result of the tests shall be receivable in evidence in the trial of the case, but only in cases where definite exclusion is established.” Alabama Code Title 27, Section 12(5)
c. f. Berry v. Chaplin, 74 Cal. app. 2d 652.
c. f. Beck v. Beck 153 Colo 90.
Kentucky: “If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests are that the alleged father is not the father of the child, the question of paternity shall be re-solved accordingly.” Kentucky Revised Statutes 406. 111
.286 W.C. 148, 209 S.E. 2d 754, 1974.
North Carolina General Statutes 49–7.
North Carolina General Statutes 8–50.1.
.209 S.E. 2d 754, 757.
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© 1976 Plenum Press, New York
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Healey, J.M. (1976). Legal Aspects of Artificial Insemination by Donor and Paternity Testing. In: Milunsky, A., Annas, G.J. (eds) Genetics and the Law. Springer, Boston, MA. https://doi.org/10.1007/978-1-4684-2229-0_18
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