Paternal Rights Research Articles

The Function of Rape Myths in the Battle Over Parental Rights

The Function of Rape Myths in the Battle Over Parental Rights

Protection of the person’s reproductive rights in Ukraine and in the European countries

Reproductive rights reference to related human rights and freedoms goes to a basic right - the right to life and the continuation of the human race. They are based on the recognition of the fundamental rights of individuals and couples who independently decide the number, time intervals and possible ways of having children. Reproductive rights involve making procreative decisions in a non-discriminatory manner without interference from society, the state or any other subjects. The evolution of reproductive rights shows that at the initial stage of development it was important to identify and specify the scope and content of the basic right related to the parents' decision regarding the planned number of children and the time intervals between their births. This is a fundamental right that relates to making a decision about one's own fertility, so such rights can be defined as paternity and maternity rights.
 Reproductive rights can also be perceived as a special type of freedom associated with the possibility of self-determination and the right of a given person to control all aspects of his/her health. For this reason, it is important to ensure the implementation of reproductive rights without violence and coercion. In this context, the state needs to create the national mechanisms to effectively combat forms of sexual violence, including domestic violence, sexual exploitation of women and girls, sexual slavery and exploitation, forced prostitution and sexual harassment, trafficking in women and children. Violence should not be justified by moral, cultural or religious considerations. Reproductive decisions should be made without discrimination. The possibility of free exercise of reproductive rights is especially important for women for the growth of their role in the economic and political life of society and the state. In this regard, a woman's ability to independently make decisions regarding the disposal of her own body, the birth of children or not is evaluated as a basis for the exercise of other rights by women.

Keeping It Legal: Empowering Physicians and Trainees Through the Creation of State-specific Legal Primers.

State policies on obstetrics and gynecology issues vary widely across the nation and dramatically affect the care physicians can offer depending on where they practice. A 2020 study demonstrates that many obstetrics and gynecology residents surveyed across the United States felt that their exposure to medical-legal topics was limited. The purpose of this initiative was to create legal primers on state-specific laws regarding obstetric and gynecologic care and evaluate their educational utility for residents and attendings across specialties. Ten primers with relevant Virginia state laws and their clinical relevance were created on the following topics: adolescent rights, emergency contraception, expedited partner therapy, mandatory reporting situations, close-in-age exemptions, medical students performing pelvic examinations, abortion, transgender rights, and paternity rights. The primers were presented to residents and attendings in obstetrics and gynecology, family medicine, and emergency medicine. Knowledge pretests and posttests were administered, with an opinion survey on comfort level of topics to assess usefulness of the primers. A total of 49 participants from obstetrics and gynecology and emergency medicine participated in the project. Participants from family medicine were presented the primers before data collection. The mean change in pretest-posttest scores was 3.6 of 10 (SD 1.8, P <.001). A total of 97.9% of participants found the primers very helpful or somewhat helpful. Participants reported an increased comfort level on all 10 topics after participating. Anecdotally, many residents and attendings referenced the primers afterward in clinical situations to guide their practice. State-specific legal primers are useful learning tools for understanding the nuances of laws regarding obstetric and gynecologic care. These primers can be used as quick resources for providers in difficult clinical situations. They can also be modified to reflect other state laws to reach a wider audience.

Fathers at work: a discussion of paternal rights in the workplace

Matters of paternity leave should be given as much attention as maternity leave. But are there any overlooked insights into paternal rights at work? Adam Bernstein explains

Judicial defense of fathers’ rights

This article is devoted to one of the most relevant topics in modern Russian law, namely the legal judicial protection of the institution of paternity. The relevance of the article is primarily due to the presence of legal problems in the field of protecting the rights and interests of fathers. The author focuses on the fact that at present the number of family cases considered by the courts is growing rapidly, as evidenced by official statistics. However, there are a large number of violations of the rights and interests of fathers, including in the framework of legal proceedings. The purpose of the article is to identify and explore the problems associated with the protection of paternal rights in court proceedings. The author analyzes a number of legal positions of the Constitutional Court of the Russian Federation. Based on the analysis of law enforcement practice, the author concludes that there are emerging trends in the field of reforming the current Russian legislation, in addition, the importance and expediency of such reform is emphasized. The author used general scientific (dialectical, methods of analysis, synthesis) and private scientific methods (formal legal). The article concludes that certain provisions of domestic legislation in the field of protecting the rights and interests of fathers need to be improved. The author suggests his own ways of improving the current legislation in the area under consideration. It is possible to apply this scientific research in practice in order to change the legislation governing aspects of relations for the protection of paternal rights. The findings of this study will be of interest to specialists in the field of civil and family law.

Fatherhood in Foster Care: A Scoping Review Spanning 30 Years of Research on Expectant and Parenting Fathers in State Care.

Over the past 30 years, there has been a surge of interest in understanding the experiences and outcomes of expectant and parenting foster youth. Despite the importance of understanding this unique population of foster youth, there remains a lack of research on fathers in foster care. Most studies of expectant and parenting foster youth focus on mothers in care, and studies that have examined fathers in care provide little insight compared to what we know about mothers. Furthermore, existing research on fathers in foster care is limited by underreporting, service engagement issues, lack of meaningful engagement data, and very little information on fathers’ involvement with their children. There is very little published research on the experience of fatherhood in foster care or on related outcomes for fathers in care such as residency with children, father engagement with children, coparental relationship quality, or the health and well-being of their children. While there have been over 60 studies and three reviews on expectant and parenting foster youth spanning roughly 30 years, the articles have primarily focused on empirical findings relating to mothers in foster care. Information on fathers in foster care has received little attention and is restricted to empirical studies. This scoping review aims to fill this gap by examining the available information on fathers in foster care. To this end, our scoping review explores empirical findings and knowledge from practice-, legal-, and policy-related literature related to fathers in foster care from peer-reviewed journal articles, reports, dissertations, white papers, and grey literature published between 1989 and 2021. Findings from 94 sources of evidence on expectant and parenting foster youth suggest that mothers in foster care are consistently the focus of the literature. If fathers in foster care are included in the literature, findings or guidance are often provided in the aggregate (e.g., parents in care). However, when aggregated, literature still focuses on mothers in care, or female pronouns are used to describe the larger expectant or parenting foster youth population. Many of the studies excluded fathers, and the primary exclusion rationale includes a lack of identified fathers in care, unreliable child welfare data on fathers, or high attrition of fathers in parenting services. In terms of information on fathers in foster care by the source of evidence, research papers often provided quantitative descriptions of fathers, practice papers focused on rights of fathers, legal papers centered on paternity establishment or paternal rights, and policy papers largely discussed the need for improved data tracking and interventions for fathers. More research is needed to support fathers in foster care as they transition out of care into early adulthood and young fatherhood.

QUESTIONS OF LIMITS OF LIMITATION OF SUBJECTIVE RIGHTS IN ABSOLUTE LEGAL RELATIONS: AN INTERSECTORAL APPROACH

Abstract: the presented article is devoted to the problems of determining the criteria for restrictions of subjective rights realized in absolute legal relations. The author positions the need to search for the “core” of absolute subjective law, defined as an indicator of the inadmissibility of any further restriction of it, through specific legal relations. In this connection, he applies an intersectoral approach to the analysis of the problems of the implementation of absolute legal relations: the branches of family, civil, and constitutional law are studied. The author notes the doctrinal and practical conflict-of-laws aspects of the sanctioned nature of restrictions on the realized paternity rights, patent rights, as well as inalienable constitutional rights in the conditions of an extraordinary regime of legal regulation. In the course of the analysis, relevant materials of domestic judicial practice are used. According to the author, the need for an authorized restriction is a prerequisite for changing the internal nature of a passive legal obligation on the part of obligated subjects in absolute legal relations. The obligation is mediated by state goal-setting and expediency, which cancels the unconditional classical nature of the absolute legal relationship.

배우 송강호가 재현하는 영화 속 아버지 담론 연구

The purpose of this essay is to analyze the father discourse represented by an film actor, Song, Gang-Ho in the Korean films in the perspective of the social-cultural study and gender ideology. The main reason why it focuses otn this as the subject of this is because he has been a star sign as a father of petit bourgeois that succeeds in stardom based on the strategy of the personification. Song, Gang-Ho is the actor who produces an abundant discourse of the patriarchy because he has acted diverse father characters from 〈Sympathy For Mr. Vengeance〉 (2002) to 〈Parasite〉(2019).<BR> He is the father who represents the loss of paternal rights in the Korean films. On the one hand, the masculinity represented by Song, Gang-Ho shows the strong male bonding with another male actor. On the other hand, he has shown simultaneously the father characters who lose the paternal authority. His weak masculinity has been mostly made by weak father characters. Song, Gang-Ho represented in the films offers the spectators the imaginary identification and catharsis from the view of the positive image of father even though he has acted a weak father in several films. Therefore in analyzing characters acted by Song, Gang-Ho, this essay includes the unconscious desire for the paternity on the basis of psychoanalysis.

From late fatherhood to prenatal screening of monogenic disorders: evidence and ethical concerns.

With the help of ART, an advanced parental age is not considered to be a serious obstacle for reproduction anymore. However, significant health risks for future offspring hide behind the success of reproductive medicine for the treatment of reduced fertility associated with late parenthood. Although an advanced maternal age is a well-known risk factor for poor reproductive outcomes, understanding the impact of an advanced paternal age on offspring is yet to be elucidated. De novo monogenic disorders (MDs) are highly associated with late fatherhood. MDs are one of the major sources of paediatric morbidity and mortality, causing significant socioeconomic and psychological burdens to society. Although individually rare, the combined prevalence of these disorders is as high as that of chromosomal aneuploidies, indicating the increasing need for prenatal screening. With the help of advanced reproductive technologies, families with late paternity have the option of non-invasive prenatal testing (NIPT) for multiple MDs (MD-NIPT), which has a sensitivity and specificity of almost 100%. The main aims of the current review were to examine the effect of late paternity on the origin and nature of MDs, to highlight the role of NIPT for the detection of a variety of paternal age-associated MDs, to describe clinical experiences and to reflect on the ethical concerns surrounding the topic of late paternity and MD-NIPT. An extensive search of peer-reviewed publications (1980-2021) in English from the PubMed and Google Scholar databases was based on key words in different combinations: late paternity, paternal age, spermatogenesis, selfish spermatogonial selection, paternal age effect, de novo mutations (DNMs), MDs, NIPT, ethics of late fatherhood, prenatal testing and paternal rights. An advanced paternal age provokes the accumulation of DNMs, which arise in continuously dividing germline cells. A subset of DNMs, owing to their effect on the rat sarcoma virus protein-mitogen-activated protein kinase signalling pathway, becomes beneficial for spermatogonia, causing selfish spermatogonial selection and outgrowth, and in some rare cases may lead to spermatocytic seminoma later in life. In the offspring, these selfish DNMs cause paternal age effect (PAE) disorders with a severe and even life-threatening phenotype. The increasing tendency for late paternity and the subsequent high risk of PAE disorders indicate an increased need for a safe and reliable detection procedure, such as MD-NIPT. The MD-NIPT approach has the capacity to provide safe screening for pregnancies at risk of PAE disorders and MDs, which constitute up to 20% of all pregnancies. The primary risks include pregnancies with a paternal age over 40 years, a previous history of an affected pregnancy/child, and/or congenital anomalies detected by routine ultrasonography. The implementation of NIPT-based screening would support the early diagnosis and management needed in cases of affected pregnancy. However, the benefits of MD-NIPT need to be balanced with the ethical challenges associated with the introduction of such an approach into routine clinical practice, namely concerns regarding reproductive autonomy, informed consent, potential disability discrimination, paternal rights and PAE-associated issues, equity and justice in accessing services, and counselling. Considering the increasing parental age and risks of MDs, combined NIPT for chromosomal aneuploidies and microdeletion syndromes as well as tests for MDs might become a part of routine pregnancy management in the near future. Moreover, the ethical challenges associated with the introduction of MD-NIPT into routine clinical practice need to be carefully evaluated. Furthermore, more focus and attention should be directed towards the ethics of late paternity, paternal rights and paternal genetic guilt associated with pregnancies affected with PAE MDs.

Female Language in Malati maitri’s Sankaraparani

Morgan found that the adi from of the clans formed on the basis of maternal rights, from which the clans based on paternal rights later developed. In this way we understand that the castes we see among the people who are tired of the ancient Social civilization are based on paternal rights and before that there were Social clans with maternal rights. As important as Darwin’s theory of evolution way in biology and how important Marx’s Philosophy of surplus value was in the field of Political, Economy, so important is the discovery that there was a Primitive maternal right that preceded patriarchy in civilized populations. The Social system that forgot this historical background enslaved the woman. set her aside from production. She was stripped of her rights and made to kneel before the man the began to paint her limbs. Myths about women and literary evidence in written form spilled out of masculine thought. Thus, the women become the most physically vulnerable in the attack on the country. In his poems, he shows the way in which the Tamil community considers activities that are considered sacred and pure. Malati Maitri writes about Social liberation, questioning the sacred practices of sacrifice, family morality, domesticity, motherhood and affection.

Modern man, modern fatherhood: changes to paternal leave

Employers that openly value men's paternity rights stand to reap the rewards that follow from greater loyalty and happiness in the workplace. Adam Bernstein explains.

Paternity Rights of Authors under Iraqi and English Law: A Comparative Study in the Field of Copyright and Author Rights

Abstract Historically, Iraqi law has followed the Latin approach in the ambit of civil law, while English law is the creator of the ‘common law approach’. This has had an effect on the Iraqi doctrine for the protection of works in the field of intellectual property law. Therefore, Iraqi author rights have followed French law which grants authors many, in particular moral, rights on their works whilst English law restricts the rights of the author in kind of the moral rights. However, both laws grant authors important ‘paternity rights’ that prevent anyone from using a work without first receiving license from the author. Due to its importance in both laws, this article will try to explain paternity rights and its differences in Iraqi and English laws. This article will examine the scope paternity rights under both systems of law.

Paternal Rights, Child Welfare and the Law in Nineteenth-Century Britain and Ireland

Abstract This article problematizes the persistence of sexual inequality in Britain, by examining the intellectual work performed by judges as they sought to preserve men's paternal rights from new challenges in the nineteenth century. One set of challenges included changing understandings of childhood and male domestic authority, another derived from the peculiarities of British state formation. The article argues that the gender order was repeatedly unsettled by two processes of state formation: first, the efforts of reformers to rationalize the multiplicity of jurisdictions that characterized the ancien régime; second, the process of bringing within one polity the separate bodies of law found in England and Wales, Scotland and Ireland. Judicial efforts to reconfigure paternal rights in the face of these challenges produced a more severely patriarchal model of paternal rights than had existed before, but this proved short-lived. At the end of the nineteenth century, conflicts within the legal elite unravelled this patriarchal settlement in favour of a new model, which endured until the 1970s. This body of law was still profoundly inegalitarian, but used a more expansive definition of child welfare to place new limits on paternal power. Exploring this story reveals the extent to which the fragmentation of the juridical state created a double standard between rich and poor, with the rights of rich fathers enjoying much greater legal protection than those of the poor. The article argues that we should not see the law as a stable patriarchal monolith but as a gendered system that was continuously being reconstructed at the point of use by actors with considerable freedom of manoeuvre. Any history of the law must therefore also be a history of judicial mentalities.

The Traces of the Loss of Paternal Rights in Korean Classical Poetry in Late Choseon Dynasty

The Traces of the Loss of Paternal Rights in Korean Classical Poetry in Late Choseon Dynasty

Surrogacy as protection of men’s paternal rights

The paper presents the main problems of legal regulation of surrogacy in the Russian Federation. One of the main problems of this direction is the legislative deprivation of the rights of single men to paternity by means of this method. According to the current legislation, namely Federal law № 323 of article 55 of paragraph 3 and 9, the right to surrogacy is held by either a man and a woman who are married or a single woman who cannot bear or give birth to a child for medical reasons. According to the Constitution, all rights and freedoms of citizens are equal, so it is illegal and unfair to deprive unmarried men who want to have offspring as much as women and have every right to be good fathers. In addition, for the treatment of female infertility developed a variety of auxiliary medical reproductive technologies, a number of which should be used in the work with the «strong» half of humanity pre-creating the necessary legislative framework that allows for all the necessary medical manipulation. The paper presents data on fertility, mortality, use of IVF and surrogacy in the United States of America. A comparative analysis of U.S. statistical data with official Russian statistics. The issue of adoption was touched upon, as in 2011 fewer children were born in the United States from surrogate mothers, which may be due to the popularity of adoption and guardianship. The arguments that focus on the need for timely legislative solutions to legal issues of surrogacy are presented.

Redefining Paternal Filiation through DNA Testing

Abstract The social malaise produced by thousands of children born out of wedlock and abandoned is widely understood in the Maghreb. It has opened a breach in traditional Islamic legal discourses as well as social practices regarding the establishment of filiation in Tunisia, Morocco, and Algeria. Analysis of Islamic jurisprudence and opinions, court decisions, and state laws since 1999 shows that the crisis of abandoned children combined with the biological truth revealed by DNA testing have helped produce a paradigm shift. Islamic legal opinions now argue for the need to grant paternal filiation and rights for children born out of wedlock in Morocco, Algeria, and Tunisia. Majority juristic opinions do not always determine state legal practices, and contemporary Islamic legal positions are neither monolithic nor static.

Undoing fatherhood: postdivorce fathering practices in Lithuania

ABSTRACTDrawing on empirical data from biographical interviews with divorced Lithuanian men, this article examines how they undo fatherhood based on the breadwinner ideology. In a Lithuanian culture of strong economic obligations of men for child support and alimony and weak paternal rights to custody and care, the divorced fathers’ role consists primarily of their financial responsibility. By using the theoretical framework of undoing gender (Butler, J. (2004). Undoing gender. New York: Routledge; Deutsch, F. (2007). Undoing gender. Gender & Society, 21(1), 106–127), the authors argue that the economic aspects of fathering remain most important in the successful doing of fatherhood. However, in undoing the traditional fatherhood and refuting the widespread assumptions about men's secondary role as caregivers, the divorced men not only defied gendered perceptions of individual competencies but also clashed with gender normativity. Moreover, our research demonstrates that besides socio-legal constraints the fathers’ cooperative relationships with their former spouses were also a decisive factor in undoing fatherhood.

Surrogacy legislation remains complex and unsatisfactory.

The UK Surrogacy Agreement Act came into force in 1985, the same year as the first known UK surrogacy birth. Three decades later, the Surrogacy Agreement remains legally unenforceable in the UK. The Human Fertilisation and Embryology Act (HFEA) 2008 section 33 dictates that the surrogate is the legal mother until the court grants a parental order transferring parental rights to the intended parents. Parental order is granted only in limited conditions: the intended parents must domicile in the UK; be in a proven long-term relationship, partnership or marriage; one or more parent must be genetically related to the child; and most controversially, surrogates must be paid only ‘reasonable expenses’. Surrogacy laws struggle to keep pace with changing social attitudes, growing demand for surrogacy, and ultra-dynamic family structures. Within the past decade, the HFEA 2008 part 3 gave same sex and unmarried couples the same legal rights as married heterosexual couples in applying for parental orders. The legal definition of motherhood was successfully challenged in the Irish High Court and the intended mother's name was added to the birth certificate (R and Another v An TArd Charaitheoir and Ors). The recent Law Commission 13 Programme of Reform Public Consultation included Surrogacy. Issues reviewed included: (1) Single Parenting – currently the UK courts have no power to grant parental orders to single parents although there has been a recent High Court judgement ruling that was incompatible with article 14 of the European Convention (Re Z [A Child] [No 2] [2016] EWHC 1191 [Fam]); (2) The Birth Certificate – in the UK two parents are registered but they do not have to be the biological parents (Birth and Death Registration Act 1953). More than half a century since this act, the modern family structure has changed and, limiting registration to two parents may not reflect the actual parenting structure. Arguments have supported adding a third ‘parent’ if they were intimately involved in their creation (e.g. mitochondrial replacement). There are different rules of registration for parents in marriage or civil partnership, requiring re-registration if the parents marry later; (3) Parental Order restrictions – include that one or more parent must be genetically related to the child; (4) Surrogate Agreements – in the UK parental orders are only granted after birth, unlike the USA where the Uniform Parental Act 2002 allows states’ federal guidelines and legislation to transfer parental rights before delivery; (5) Maternal and Paternal Rights – the surrogate remains the legal mother with full responsibility until the parental order is granted. In overseas surrogacy the child may be born stateless, as the intended mother is not considered the ‘legal’ mother under either UK or overseas legislation. English law may not automatically recognise a foreign birth certificate (RE X and Y [Foreign Surrogacy]). This is curious as UK legislation dictates that the surrogate's husband or civil partner is the ‘legal’ father unless he does not consent. With the increase in surrogacy, the legal situation urgently needs clarification, with the paramount focus being the best interests of the child. None declared. Completed disclosure of interests form available to view online as supporting information. Please note: The publisher is not responsible for the content or functionality of any supporting information supplied by the authors. Any queries (other than missing content) should be directed to the corresponding author for the article.

Involving Nonresident Lithuanian Fathers in Child-rearing

Using nationally representative data on nonresident fathers, this study examines father–child contact and child support payments in Lithuania. We focus on previously married and cohabiting fathers whose parenting rights and obligations are organized differently by Lithuanian legislation. Our findings demonstrate that previously cohabiting fathers’ involvement in child-rearing is more significantly associated with levels of individual income resources rather than family formation type. We argue that legal uncertainties linked to nonmarital fatherhood reinforce the inequalities of men’s paternal rights and place previously cohabiting fathers, particularly with low socioeconomic resources, in disadvantaged positions. Moreover, we argue based on international evidence that universal social policies to support fathers’ social citizenship rights before separation and across household or family types, including greater individualization of Lithuania’s generous parental leave provisions, would encourage father–child contact for low socioeconomic fathers following cohabitation dissolution and reduce traditional male-breadwinning barriers to father–child contact.

Gender, Madness, Religion, and Iranian-American Identity: Observations on a 2006 Murder Trial in Williamsport, Pennsylvania

Using participant observation, oral history interviews, and a study of court transcripts, Internet chats, and press coverage of a 2006 murder trial of an Iranian-American man in Williamsport, Pennsylvania, we can better appreciate the dynamic intersection of ethnicity, religion, and gender in constructing the social identity of Iranian-Americans. Brian Hosayn Yasipour, who immigrated to the United States in 1969, was convicted of murder in the third degree for killing his four-year-old daughter in 2001 during a custody dispute with his estranged, Iranian-born wife. He managed to avoid the death penalty. Debates about his guilt in America hinged on assessments of his mental state at the time of the crime and this, in turn, hinged on debates about how normative his actions would have been in Iran. Until his arrest, Brian had led a highly mobile life—moving back and forth between America, where he lived as a Christian, and Iran, where he visited as a Muslim. Was he a calculating Iranian-Islamic patriarch, outraged at the defiance of his wife and the attitudes of American courts toward his paternal rights? Or was he, per the court transcripts, a “white Christian” and survivor of childhood rape back in Iran, who lapsed into madness under the strain of his second divorce? Brian actively blurred these issues in court appearances before and after the murder—often expressing his agency in terms of preserving his imaginary and physical mobility.