Parental Rights and Responsibilities: 1st Edition (Hardback) book cover

Parental Rights and Responsibilities

1st Edition

Edited by Stephen Gilmore


570 pages

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Hardback: 9781472463371
pub: 2017-01-04
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This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ’parent’ and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

Table of Contents

Contents: Introduction, Stephen Gilmore. Part I Who or What is a Parent? Underlying Rationales: The origin of parental rights, Barbara Hall; What does it mean to be a ‘parent’? The claims of biology as the basis for parental rights, John Lawrence Hill; The intention to be a parent and the making of mothers, Gillian Douglas; Toward a pluralistic account of parenthood, Tim Bayne and Avery Kolers; Procreation and parental responsibility, Jeffrey Blustein; The moral basis of children’s relational rights, James G. Dwyer; The changing face of adoption - the gift/donation model versus the contract/services model, N.V. Lowe. Part II Legal Concepts of ‘Parent’ and their Linkage: Parentage, parenthood and parental responsibility: subtle, elusive, yet important distinctions, Andrew Bainham; Rethinking parental responsibility, John Eekelaar. Part III The Legal Parent - Accommodating Complexity: Law and the complexities of parenting: parental status and parental function, Craig Lind and Tom Hewitt; What is a parent?, E. Jackson; Arguments about parentage, Andrew Bainham; Tangling the web of legal parenthood: legal responses to the use of known donors in lesbian parenting arrangements, Leanne Smith; Challenging presumptions: legal parenthood and surrogacy arrangements, Kirsty Horsey. Part IV The Nature and Scope of Parental Rights: The myth of parental rights, Phillip Montague; Conceptions of parental autonomy, Colin M. MacLeod; Is anything now left of parental rights?, Andrew Bainham; The welfare principle and the rights of parents, Jonathan Herring; Taking the rights of parents and children seriously: confronting the welfare principle under the Human Rights Act, S. Choudhry and H. Fenwick. Part V Shared Parental Responsibility: The meaning and allocation of parental responsibility - a common lawyer’s perspective, N.V. Lowe; The degradation of parental responsibility, H. Reece; Legislating for shared time parenting after separation: a research review, Belinda Fehlberg, Bruce Smyth, Mavis Maclean and Ceridwen Roberts. Part VI Parental Rights and the State: Licensing parents revisited, Hugh LaFollette; Child abuse: parental rights and the interests of the child, David Archard; Making and breaking family life: adoption, the state, and human rights, Sonia Harris-Short. Index.

About the Editor

Stephen Gilmore is Professor of Family Law, King’s College London.

About the Series

The Library of Essays on Family Rights

The Library of Essays on Family Rights

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW / Family Law / General
POLITICAL SCIENCE / Political Freedom & Security / Human Rights