Mother, father, son and the Italian Law 40/2004. No 'delete' key.

Assisted reproductive technology (ART) has emerged in recent years as a point of significant innovation in the medical field but is also controversial from a bioethical and legal standpoint. In the Italian context, this matter is regulated by Law 40/2004, which specifically requires that informed consent should be obtained from both members of a couple before proceeding with any ART procedure. This consent is deemed irrevocable at the moment of egg fertilization. Recently, a ruling by the Italian Constitutional Court on this matter elicited controversy. The decision permitted embryo transfer even in a case of parental separation, notwithstanding the father's explicit opposition. The Court emphasized the priority of the woman's psychophysical health over the man's, highlighting the traumatic consequences of interrupting the undertaken path. As a result, both the man's right to self-determination regarding the decision to become a father and the need for informed consent at every stage of medical procedures have been downplayed. Moreover, the extensive utilization of procedures like embryo cryopreservation, with associated parental implications, particularly concerning the time frame and the actuality of informed consent, is posing challenges to the initial application framework of Law 40/2004. The objective of this Commentary is to scrutinize and discuss the issues mentioned above.

"Two Hours on a Sunday": Fatherhood Following an Intimate Partner Violence Incident-A Theory of Excision.

Fathers who are arrested after an intimate partner violence (IPV) incident must navigate multiple systems, including child welfare, criminal justice and family court, that regulate their interactions with their family members post-arrest. Contact between fathers and their children is highly regulated in the name of safety, often creating lengthy separations and putting strain on already frayed parent-child relationships. While concerns for the safety of victims and survivors of IPV are warranted, there is increased acknowledgement of the important role that fathers, including those with a history of IPV, play in their children's lives. This exploratory study used grounded theory methodology to interrogate how fathers seeking treatment at an abusive partners' program maintained a relationship with their child(ren) and their identities as fathers. Fourteen fathers with experience in the phenomenon of interest completed in-depth qualitative interviews, focus groups, and demographic questionnaires. These data were analyzed along with observational memos to develop a four-stage theory of excision which captured the four stages of routine and effective separation of fathers from their children's lives observed: (a) extraction; (b) re-assignment of identity; (c) exclusion; and (d) what remains. The presence of a single negative case in this study allowed for a discussion of this excision appearing to operate differently along racial lines. The urgent need to redress the institutional racism within these systems that has resulted in extraordinary burden and injustice to families of color is detailed. Implications for policies and practice with families living with IPV are discussed.

Mothers and fathers in the criminal justice system and children's child protective services involvement.

BACKGROUND: Parental criminal justice system (CJS) involvement is a marker for child protective services (CPS) involvement. OBJECTIVE: To document how parental criminal case processing affects children's CPS involvement. PARTICIPANTS AND SETTING: Participants included mothers and fathers with a serious criminal charge (mothers = 78,882; fathers = 165,070) and without any criminal charge (mothers = 962,963; fathers = 743,604) between 2008-2012. Statewide North Carolina records on court proceedings, births, CPS assessments/investigations, and foster care placements were used. METHODS: The observational unit was an individual's first charge date of a year. Outcomes were CPS assessment/investigation and foster care entry within six months and alternatively three years following the charge. Key explanatory variables were whether the charges resulted in prosecution, conviction following prosecution, and an active sentence conditional on conviction. An instrumental variables approach was used. RESULTS: Parents charged with a criminal offense had higher rates of having a CPS assessment/investigation during the three years preceding the charge than parents who were not charged. Among mothers who were convicted, CPS assessment/investigation increased 8.1 percent (95 % CI: 2.2, 13.9) and 9.5 percent (95 % CI: 1.3, 17.6) 6 months and 3 years following the charge. An active sentence increased CPS assessment/investigations by 21.6 percent (95 % CI: 6.4, 36.7) within 6 months. For fathers, active sentence increased foster care placement by 1.6 percent (95 % CI: 0.24, 2.9) within 6 months of the criminal charge. CONCLUSIONS: Changing parental incarceration rates would change CPS caseloads substantially. The criminal justice and CPS systems work with overlapping populations, data and services sharing should be considered a high priority.

No more only one mom? European Court of Human Rights and Italian jurisprudences' ongoing evolution.

The author has delved into the most significant Italian and European court rulings related to heterologous fertilization and surrogate motherhood between 2012 and 2019, with a close focus on same-sex couples seeking to have their donor-conceived children born abroad legally registered in their country of origin. Undeniably, surrogacy has brought about a crisis in the traditional family model, made up of a mother and a father. The paper draws upon European Court of Human Rights established jurisprudence that upholds the children's best interests. Italian Court rulings are expounded upon as well, which have been instrumental in establishing the principles by which parental figures do not necessarily coincide with those who have generated the children (through biological bonds or delivery), but rather with those who wish to be recognized as parents. The cases herein examined involve homosexual couples who decided to travel abroad in order to gain access to surrogacy, from which children were born. In the case regarding two fathers, the child had no genetic tie with either one intended parent. The Italian Supreme Court's joint sessions have ruled that such children cannot be legally registered in Italy, since their foreign-issued birth certificates indicate no genetic connection between the children and their intended parents. The Author believes that the Supreme Court decision is valuable, but further legislative interventions will be necessary on account of scientific advancements; the issue of surrogacy is utterly complex and multi-faceted.

Beyond Balancing: Rethinking the Law of Embryo Disposition.

Actress Sofia Vergara became the center of a new round of conflict about the disposition of embryos created using assisted reproductive technologies (ART): the conflict about the difference that abortion jurisprudence should make to case law on ART. This Article argues that the history of abortion jurisprudence sheds light on the problems with the leading approach to embryo-disposition cases like Vergara's. In many instances, courts first look for a clear, binding agreement and look to a balancing analysis if no such agreement exists. As this Article shows, this is not the first time that courts have applied a balancing analysis to deal with clashing rights to seek and avoid genetic parenthood. The Article explores the history of two balancing approaches that have played a pivotal role in abortion law. These approaches have led to inconsistent results and cater to the prejudices of judges who are asked to weigh the relative merits of individual parties' views on reproduction. This Article recommends that states adopt legislation detailing the requirements of an enforceable embryo disposition similar to the Uniform Premarital and Marital Agreements Act (UPMAA). In the embryo-disposition context, states should require parties to disclose legal rights and responsibilities rather than only finances. These disclosures should cover the preservation, implantation, or destruction of the embryos and the financial and legal responsibility for any resulting child. States should enforce an embryo-disposition agreement if it is voluntary, if the parties had counsel or the opportunity to access counsel, and if the parties had a full disclosure of the constitutional and common law rights implicated by the agreement.

Parental Fitness Questioned on the Grounds of Narcolepsy: Presentation of Two Cases.

ABSTRACT: We report two cases of fathers whose parental fitness was questioned during divorce and custody litigation because of narcolepsy type 2 and type 1, respectively. These cases highlighted both the existence of a narcolepsy-related stigma and the need to involve sleep experts in custody assessments when concerns about the parental fitness are related to a sleep disorder, expanding the field of interest of the growing "sleep forensics."

The Maternal Dilemma.

The Family and Medical Leave Act (FMLA) aims to protect the right to be free from gender-based discrimination in the workplace . . . . By creating an across-the-board, routine employment benefit for all eligible employees, Congress sought to ensure that family-care leave would no longer be stigmatized as an inordinate drain on the workplace caused by female employees, and that employers could not evade leave obligations simply by hiring men. "By setting a minimum standard of family leave for all eligible employees, irrespective of gender, the FMLA attacks the formerly state-sanctioned stereotype that all women are responsible for family caregiving, thereby reducing employers' incentives to engage in discrimination by basing hiring and promotion decisions on stereotypes."

Expectant Fathers, Abortion, and Embryos.

One thread of abortion criticism, arguing that gender equality requires that men be allowed to terminate legal parental status and obligations, has reinforced the stereotype of men as uninterested in fatherhood. As courts facing disputes over stored pre-embryos weigh the equities of allowing implantation of the pre-embryos, this same gender stereotype has been increasingly incorporated into a legal balancing test, leading to troubling implications for ART and family law.

Strengthening the Role of Unmarried Fathers: Findings from the Co-Parent Court Project.

While the importance of fathers in unmarried coparent families is a strong area of social and political interest, a dearth of community-based interventions exists for supporting the role of fathers in at-risk families. The Co-Parent Court (CPC) was a 3-year demonstration project evaluating the effectiveness of a collaborative intervention to support unmarried coparents establishing paternity and improving their coparenting relationships and paternal involvement in their child's life. A randomized-control experimental design was employed. The paper will explore father involvement and coparent relationship outcomes.

[Judicial decisions after reporting cases of shaken baby syndrome. Sentences and compensation]. / Traitement judiciaire des cas de « bébés secoués ¼. Aspects répressifs et indemnitaires.

BACKGROUND: Shaken baby syndrome (SBS) is defined by the association of intracranial hemorrhage and retinal hemorrhage in infants under 2 years of age, with no obvious external trauma. This syndrome leads to frequent neurological sequelae. Therefore, these infants can claim compensation for damage if sequelae are directly and irrefutably linked to the trauma. Data on the judicial treatment are for the most part inexistent in the medical literature, the reason for which this study was conducted. POPULATION AND METHODS: We conducted a retrospective study over a period of 10 years. We included all cases of SBS reported to the High Courts of the Ille-et-Vilaine department (Rennes and St Malo). The cases were listed from the archives of the Department of Medical Information, the Specialized Unit for Abused Children and Forensic Department at the Rennes University Hospital. We were able to look the judicial cases up after receiving agreement from the prosecutors of the two courts. RESULTS: Of the 34 cases included, 12 could not be used (lost, ongoing, destroyed, transferred to another court), 16 led to an order of dismissal or to no further action because of an unknown perpetrator, insufficiently described offense, or insufficient evidence. Six authors were sentenced. It was the father (n=5) or the childminder (n=1). All perpetrators had confessed to part or all of the charges brought against them. Five children received compensation: three by the civil court and two by the commission of compensation for victims of an offense. CONCLUSION: Most cases led to no conviction and no compensation. The identification by the physician of the person responsible for the lesions in SBS does not mean that the perpetrator will be convicted because of the strict application of criminal law. The nomination of an administrator representing the infant could resolve the lack of compensation.

Mater semper incertus est: who's your mummy?

In English law, the legal term for father has been given a broad definition but the definition of mother remains rooted in biology with the Roman law principle mater semper certa est (the mother is always certain) remaining the norm. However, motherhood may be acquired through giving birth to a child, by donation of gametes or by caring and nurturing a child so that the identity of the mother is no longer certain particularly in the case of surrogacy arrangements. While the law in the UK may automatically recognise the parental status of a commissioning father in a traditional surrogacy arrangement, the parental status of the commissioning mother is not automatically recognised in either a traditional or a gestational surrogacy arrangement. Thus the maxim mater est quam gestation demonstrat (meaning the mother is demonstrated by gestation) is also not approached consistently in the legal interpretation of parentage or motherhood in surrogacy as against other assisted reproduction methods. This raises questions about the extent to which motherhood should be affected by the method of reproduction and whether the sociological and philosophical concept of motherhood should, in the case of surrogacy, give rise to a new principle of 'mater semper incertus est' (the mother is uncertain). This article will argue that the time has come to move away from a legal definition of 'mother' that is based on biology to one that recognises the different forms of motherhood.

Patricide and steppatricide victims and offenders: an empirical analysis of U.S. arrest data.

Almost all of the literature on male parricide victims focuses on fathers killed with only little information available on stepparents killed. This study is the first to compare the victim, offender, and case correlates in incidents when fathers and stepfathers were killed. Supplementary Homicide Report data were used for the period 1976 to 2007 to investigate similarities and differences between the two male victim parricide types in the United States. Similarities between fathers and stepfathers included more than 80% of fathers and stepfathers were killed in single victim, single offender homicides. Their killers were adult sons and stepsons in more than 70% of the cases. Juvenile offenders were significantly less likely to be involved in the killings of fathers and stepfathers in more recent years. Significant differences emerged with respect to age and weapon use in the killings of fathers and stepfathers. Stepfathers and stepchildren, relative to fathers and their offspring, were significantly younger. Juvenile offenders were significantly more likely than their adult counterparts to use firearms to kill fathers (79% vs. 54%) and stepfathers (72% vs. 58%). Significant gender differences in weapons used to kill fathers were found among juvenile and adult offenders, with males more likely to use firearms than females. Reasons for the possible differences are discussed in the conclusion.

The effects of teenage fatherhood on young adult outcomes.

This paper uses national longitudinal data and several new empirical strategies to examine the consequences of teenage fatherhood. The key contribution is to compare economic outcomes of young fathers to young men whose partners experienced a miscarriage rather than a live birth. The results suggest that teenage fatherhood decreases years of schooling and the likelihood of receiving a high school diploma and increases general educational development receipt. Teenage fatherhood also appears to increase early marriage and cohabitation, and has mixed short-term effects on several labor market outcomes.

"Wenn ich leben soll, so sei es mit dir!" The relationship of father and son in Goethe's "Wilhelm Meisters Wanderjahre".

The relationship between father and son is a highly nuanced and persistent theme in Goethe's late novel Wilhelm Meisters Wanderjahre, but has received relatively little critical attention. Drawing on various aspects of the text, from the relationship between Wilhelm and his own son Felix, to the theme of migration from the 'fatherland', this essay contends that the relationship of the younger generation to the older traces a pattern of departure and return. The development in the son of an identity distinct and independent from that of the father is a preoccupation of the earlier chapters of the Wanderjahre in particular; but this process of individuation tends to be accompanied in the novel by continued, even increased, identification with the father, which may be conscious or unconscious. All the various stages of this fluctuating relationship are telescoped into a few rich, enigmatic images in the novel's closing scene, in which the threat of separation and the desire for proximity are held in suspension.

Not just maternalism: marriage and fatherhood in American welfare policy.

The United States' 1996 welfare reforms are often interpreted as a historical break in transitioning from supporting motherhood to commodifiying women's labor. However, this cannot account for welfare reform's emphasis upon heterosexual marriage and fatherhood promotion. The paper traces continuities and shifts in over a century of familial regulation through American welfare policy, specifying the place of marriage promotion within welfare policy. Up until 1996, families were key sites of intervention through which the American welfare state was erected, especially through single women as mothers - not wives. However, as of the 1960s, concern with African American men's "failed" familial commitments turned policymakers toward concern over marriage promotion for women and men. While marriage "disincentives" for aid recipients were lifted in the 1960s, the 1996 reforms structured a new form of nuclear family governance actively promoting marriage rooted in, but distinct from, the previous. Given the historical absence of welfare policies available to poor men, Temporary Assistance for Needy Families' (TANF) marriage promotion policies have positioned poor women as nodes connecting the state to poor men, simultaneously structuring poor women as breadwinners, mothers, and wives. Recent welfare reform has also started to target poor men directly, especially in fatherhood and marriage promotion initiatives. The article highlights how, in addition to workfare policies, marriage promotion is a neoliberal policy shifting risk to the shoulders of the poor, aiming to produce "strong families" for the purposes of social security.

"Fathers' rights" and the defense of paternal authority in Australia.

Feminism's achievements regarding violence against women are a key target for the fathers' rights movement. This article provides an overview of the impact of the fathers' rights movement on men's violence against women. It documents the ways in which fathers' rights groups in Australia have influenced changes in family law, which privilege parental contact over safety, particularly through moves toward a presumption of children's joint residence. They have attempted to discredit female victims of violence, to wind back the legal protections available to victims and the sanctions imposed on perpetrators, and to undermine services for the victims of men's violence.