Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, November 26, 2011

"Any fool can have a baby, it takes a smart woman to get paid for it"... a quote from an Indian surrogate candidate interview in the NYT.  The article further points out:

Since 2002, when commercial surrogacy was legalized in India, the surrogacy industry has boomed, becoming a key part of the country’s lucrative medical tourism market. The cost of surrogacy for prospective parents is about $14,000 in India, compared with an estimated $70,000 in the United States. A 2008 study valued the assisted reproductive industry in India at $450 million a year.

Up to now, India’s laws have not addressed directly the complexities of surrogacy, though an assisted reproductive technology bill is before Parliament and expected to be ratified by early next year. But a team of researchers from Sama, a nongovernmental women’s health organization, has raised concerns about the bill in a recent paper...

The legislation attempts to regulate the clinics and doctors engaged in reproductive technologies and their relationship with prospective surrogate mothers.

While Sama welcomes this attempt to govern the industry, it fears the legislation favors the rights of the commissioning couple over those of the surrogate mother. The bill makes it clear that women engaged in commercial surrogacy will have no rights over the child they have contracted to bear. The proposed law does not spell out what a surrogate mother would be paid in the case of a miscarriage or other complications during pregnancy.

Read more here.


November 26, 2011 in Current Affairs | Permalink | Comments (2) | TrackBack (0)

Friday, November 25, 2011

British Columbia's Ban on Polygamy Constitutional, Court Holds

From the New York Times:

OTTAWA — British Columbia’s highest court ruled Wednesday that Canada’s 121-year-old criminal law banning polygamy is constitutional.

The ruling stemmed from a failed prosecution in 2009 of two leaders of a breakaway Mormon sect in British Columbia and might have implications for followers of other religions that allow polygamy. In a 335-page decision that followed 42 days of hearings, Robert J. Bauman, the court’s chief justice, found that women in polygamous relationships faced higher rates of domestic, physical and sexual abuse, died younger and were more prone to mental illnesses. Children from those marriages, he said, were more likely to be abused and neglected, less likely to perform well at school and often suffered from emotional and behavioral problems.

Read more here and read the Court's decision here.


November 25, 2011 in Current Affairs | Permalink | Comments (2) | TrackBack (0)

Thursday, November 24, 2011


Thanksgiving3Thanksgiving3Thanksgiving3 Thanksgiving3

November 24, 2011 | Permalink | Comments (1) | TrackBack (0)

Wednesday, November 23, 2011

"You can’t choose your sons, but you can choose your sons-in-law"

From the Freakonomics blog:

What happens when the heir to a family business isn’t up to the job? Not great things, apparently. But the Japanese have a solution: adult adoption. Rather than hand the firm to a less-than-worthy blood heir, Japanese families often adopt an adult to take over. This tradition is the subject of Vikas Mehrotra‘s paper “Adoptive Expectations: Rising Sons in Japanese Family Firms,” which is featured in our latest podcast and hour-long Freakonomics Radio special “The Church of Scionology.” (You can download/subscribe at iTunes, get the RSS feed, listen live via the media player, or read the transcript here.) 

America and Japan have the highest rates of adoption in the world – with one big difference. While the vast majority of adoptees in the U.S. are children, they account for just 2% of adoptions in Japan. The other 98% are males around 25 to 30. Mehrotra believes this is the key to one of Japan’s unique differences. Across the developed world, family firms under-perform professionally-run businesses. But in Japan, it’s the opposite. Japan’s strongest companies are led by scions, many of them adopted. “If you compare the performance under different kinds of heirs, blood heirs versus adopted heirs, the superior performance of second-generation managed firms is pretty much entirely attributable to the adopted heir firms.”

Read more here.


November 23, 2011 in Adoption | Permalink | Comments (1) | TrackBack (0)

Tuesday, November 22, 2011

Law on Sperm Donation

George Washington Law Professor Naomi Cahn recently discussed the law regarding the fertility industry on NPR.  Read the transcript here.


November 22, 2011 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Monday, November 21, 2011

Privacy vs. Misinformation

From the

THE PRESIDENT of the family division of the high court of England and Wales has just ruled that extensive information concerning a family law dispute, including the names of the two parents in the case, be published. Sir Nicholas Wall did so to counter misinformation about the case being broadcast on the internet.

The case was taken by Doncaster Metropolitan Borough Council, which sought the publication of information about the case following a campaign of misinformation on the internet and in e-mails sent by the mother and a group of her supporters.

The misinformation, centring on the unfounded claim that the father had sexually abused their child, was circulated among parents in the child’s school and to the father’s employer and threatened the welfare of the child, who was living with her father.

Read more here.


November 21, 2011 in Current Affairs | Permalink | Comments (1) | TrackBack (0)