Adoption and Assisted Reproduction in Germany

Legal Framework and Current Issues

Series:

Saskia Lettmaier

In Germany, as elsewhere, couples and individuals suffering from unwanted childlessness have two principal means to overcome it. One, adoption, has existed and has been quite heavily regulated in Germany for centuries. The other, assisted reproduction, has only recently come into its own with advances in medical technology and has not yet been comprehensively dealt with by the German legislature.
This monograph provides a survey of adoption and assisted reproduction as alternative (non-coital) ways of establishing parent-child relationships in Germany.

Other titles published in this series:
- Economic Consequences of Divorce in Korea, Hyunjin Kim; isbn 9789004323711
- Assisted Reproduction in Israel; Law, Religion and Culture, Avishalom Westreich; isbn 9789004346062
- Feminicides of Girl Children in the Family Context; An International Human Rights Law Approach, Clara Chapdelaine-Feliciati; isbn 9789004330870

Feminicides of Girl Children in the Family Context

An International Human Rights Law Approach

Series:

Clara Chapdelaine-Feliciati

In Feminicides of Girl Children in the Family Context: An International Human Rights Law Approach, Clara Chapdelaine-Feliciati examines the issue of feminicide, more specifically female infanticide, and the extent to which it is addressed under international law. For this purpose, she explores the origins of son preference and ‘daughter devaluation’, and the myriad factors that underpin female infanticide. Legal semiotics is employed to analyse legislation and case law, and assess whether the provisions of the International Covenant on Civil and Political Rights(ICCPR 1966) sufficiently protect girl children. Amendments to the ICCPR are proposed to clarify States parties’ duty of due diligence and ensure that the crime of female infanticide is effectively prohibited, investigated, and prosecuted.

Transfers of Belonging

Child Fostering in West Africa in the 20th Century

Series:

Erdmute Alber

In Transfers of Belonging, Erdmute Alber traces the history of child fostering in northern Benin from the pre-colonial past to the present by pointing out the embeddedness of child foster practices and norms in a wider political process of change. Child fostering was, for a long time, not just one way of raising children, but seen as the appropriate way of doing so. This changed profoundly with the arrival of European ideas about birth parents being the ‘right’ parents, but also with the introduction of schooling and the differentiation of life chances. Besides providing deep historical and ethnographical insights, Transfers of Belonging offers a new theoretical frame for conceptualizing parenting.

Assisted Reproduction in Israel

Law, Religion and Culture

Series:

Avishalom Westreich

The main argument in this BRP is that assisted reproduction in Israel gives expression to and develops the right to procreate. It is a complex right, and therefore at times no consensus has been reached on the form of its actual application (as in the case of surrogacy and egg donation, and, from a different direction, in that of posthumous sperm retrieval). This right, however, despite the debates on its boundaries, is widely accepted, practiced, and even encouraged in the Israeli context, with a constructive collaboration of three main elements: the Israeli civil legal system, religious law (which in the context of the Israeli majority is Jewish law), and Israeli society and culture.

Series:

Edited by John Swinton and Brian Brock

This book significantly deepens the contemporary discussion of the theology and practice of adopting children. Though adoption appears prominently in Scripture, contemporary adoption practice has thus far proceeded without serious theological engagement. This book seeks to fill this gap by offering a theological and ethical perspective on adoption that not only clarifies and complicates contemporary understandings of adoption, but also throws fresh light on family, community, vocation, and even what it means to be human. Both interdisciplinary and international, the volume is brings together theologians and ethicists from Europe, the UK, Canada and the United States. A rich set of reflections from both practical and theoretical perspectives offers a unique and uniquely insightful vision of Christian adoption.

Contributors are: Dale P. Andrews, Jana Marguerite Bennett, Marco Derks, R. Ruard Ganzevoort, Bill McAlpine, Kirsten Sonkyo Oh, Sarah Shea, Paul Shrier, Henning Theißen, Hans. G. Ulrich, Karin Ulrich-Eschemann, Heather Walton, Brent Waters, Nick Watson.

Series:

Carolyn Baugh

In Minor Marriage in Early Islamic Law, Carolyn Baugh offers an in-depth exploration of 8th-13th century legal sources on the marriageability of prepubescents, focusing on such issues as maintenance, sexual readiness, consent, and a father’s right to compel. Modern efforts to resist establishment of a minimum marriage age in countries such as Saudi Arabia rest on claims of early juristic consensus that fathers may compel their prepubescent daughters to marry. This work investigates such claims by highlighting the extremely nuanced discussions and debates recorded in early legal texts. From the works of famed early luminaries to the “consensus writers” of later centuries, each chapter brings new insights into a complex and enduring debate.

Voices of Zimbabwean Orphans

A New Vision for Project Management in Southern Africa

Series:

Manasa Dzirikure and Garth Allen

The voices of orphans and other vulnerable children and young people and of their carers and professional development workers are documented and analysed to both criticise the inadequacies of current social development work and to create a new, alternative theory and practice of project management in Zimbabwe and southern Africa. This is the first extensive and intensive empirical study of Zimbabwean orphans and other vulnerable children and young people. Chronically poor children and their carers can be corrupted or silenced by management systems which fail to recognise their basic human needs. Resilience in the face of such adversity is celebrated by the dominant project management ideology and practice but is a major barrier to achieve genuine sustainable improvements in the lives of vulnerable children. We propose a new person-centred project management approach aimed at delivering comprehensive services for orphans, which explicitly recognises the needs of orphans and other poor children to be fully socially, politically and economically included within their communities and which avoids the reinforcement of power based inequalities and their unacceptable consequences. The moral bankruptcy of much social development work in Zimbabwe and elsewhere in Southern Africa is described and we delineate an alternative project management policy and practice.

Editor-in-Chief Laura Lundy

Focusing both on critical leadership and practical policy development, the articles in the preeminent International Journal of Children's Rights reflect the perspectives of a broad range of disciplines and contribute to a greater understanding of children's rights and their impact on the concept and development of childhood.
The journal deploys the insights and methodologies of all relevant disciplines, including law, legal and political theory, psychology, psychiatry, educational theory, sociology, social administration and social work, health, social anthropology, economics, theology, and history to further children's rights in all parts of the world.

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