Affiliation of children conceived by sperm donation to single women: the (im)possibility to establish fatherhood from an international perspective with a focus on the Republic of Macedonia
(2014)
- Author
- Elena Ignovska (UGent)
- Promoter
- Gerd Verschelden (UGent)
- Organization
- Abstract
- Parental proceedings should be available for every parent and child under equal conditions. Once the case is considered admissible, the merits of the claim should be evaluated based on the interaction between three facts: (1) biology/genes, (2) social and factual family life, and (3) intention of the parties, as additionally perceived through the prism of the best interest of the child in each particular case.Children should enjoy two aspects of private and family life. Firstly, they should enjoy the informational aspect envisaged in the right to know their family origins.Secondly, they should enjoy the legal and functional aspect of having parental care as established on grounds of intention (expressed prior to the conception as a presumption in the cases of "natural" conceptions via coitus or explicitly expressed in written consent in cases of gamete donations). These intentions should be additionally confirmed or rebutted after birth. If these facts are accepted and integrated into the legal system, there will be no reason to ban parental proceedings for a group of misfortunate children born after gamete donation without their choice. Additionally, the national legal systems will not compromise the accessibility to justice and the internationally accepted conventions, and thus, will be more coherent.
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-5782671
- MLA
- Ignovska, Elena. Affiliation of Children Conceived by Sperm Donation to Single Women: The (Im)Possibility to Establish Fatherhood from an International Perspective with a Focus on the Republic of Macedonia. Ghent University. Faculty of Law, 2014.
- APA
- Ignovska, E. (2014). Affiliation of children conceived by sperm donation to single women: the (im)possibility to establish fatherhood from an international perspective with a focus on the Republic of Macedonia. Ghent University. Faculty of Law, Ghent, Belgium.
- Chicago author-date
- Ignovska, Elena. 2014. “Affiliation of Children Conceived by Sperm Donation to Single Women: The (Im)Possibility to Establish Fatherhood from an International Perspective with a Focus on the Republic of Macedonia.” Ghent, Belgium: Ghent University. Faculty of Law.
- Chicago author-date (all authors)
- Ignovska, Elena. 2014. “Affiliation of Children Conceived by Sperm Donation to Single Women: The (Im)Possibility to Establish Fatherhood from an International Perspective with a Focus on the Republic of Macedonia.” Ghent, Belgium: Ghent University. Faculty of Law.
- Vancouver
- 1.Ignovska E. Affiliation of children conceived by sperm donation to single women: the (im)possibility to establish fatherhood from an international perspective with a focus on the Republic of Macedonia. [Ghent, Belgium]: Ghent University. Faculty of Law; 2014.
- IEEE
- [1]E. Ignovska, “Affiliation of children conceived by sperm donation to single women: the (im)possibility to establish fatherhood from an international perspective with a focus on the Republic of Macedonia,” Ghent University. Faculty of Law, Ghent, Belgium, 2014.
@phdthesis{5782671,
abstract = {{Parental proceedings should be available for every parent and child under equal conditions. Once the case is considered admissible, the merits of the claim should be evaluated based on the interaction between three facts: (1) biology/genes, (2) social and factual family life, and (3) intention of the parties, as additionally perceived through the prism of the best interest of the child in each particular case.Children should enjoy two aspects of private and family life. Firstly, they should enjoy the informational aspect envisaged in the right to know their family origins.Secondly, they should enjoy the legal and functional aspect of having parental care as established on grounds of intention (expressed prior to the conception as a presumption in the cases of "natural" conceptions via coitus or explicitly expressed in written consent in cases of gamete donations). These intentions should be additionally confirmed or rebutted after birth. If these facts are accepted and integrated into the legal system, there will be no reason to ban parental proceedings for a group of misfortunate children born after gamete donation without their choice. Additionally, the national legal systems will not compromise the accessibility to justice and the internationally accepted conventions, and thus, will be more coherent.}},
author = {{Ignovska, Elena}},
language = {{eng}},
pages = {{383}},
publisher = {{Ghent University. Faculty of Law}},
school = {{Ghent University}},
title = {{Affiliation of children conceived by sperm donation to single women: the (im)possibility to establish fatherhood from an international perspective with a focus on the Republic of Macedonia}},
year = {{2014}},
}