Headlines News :
Showing posts with label family. Show all posts
Showing posts with label family. Show all posts

Should sperm donors have parental duties?



As more women become pregnant using sperm donated by men they know, the law must establish what role, if any, these men should play in their biological children's lives.

When William Marotta answered a Craigslist ad seeking a sperm donor, he was just trying to help two women start a family.

Over a few days in 2009, he gave the couple several donations in plastic cups and signed an agreement giving up all his parental rights. He thought would never see them again.

But in October he got an alarming letter: though the women did not want him to be part of the child's life, the state of Kansas was suing him for child support.

Mr Marotta, 45, discovered that the women raising his biological daughter had separated and the child's mother, facing financial difficulties, had enrolled the girl in Medicaid, a government healthcare programme for the poor.

The state asked her for the name of the girl's father, who officials said was financially responsible for the medical expenses incurred.

'Clearly outdated'Experts say they are seeing an increase in legal disputes over the relationships sperm donors have with recipient families in cases where the donor's identity is known.

In some cases, like Mr Marotta's, donors do not want to be recognised as legal parents. But lawyers are also seeing more cases in which donors seek contact with their biological children.

In the UK, the High Court recently handed down a landmark ruling giving two gay men in a civil partnership the right to apply for contact with their three biological children, who are being raised by lesbian couples with whom the men are friendly.

The men could even win the right to play a role in rearing the children.

In the US, analysts like Charles Kindregan, professor of family law at Suffolk University in Boston, say Mr Marotta's case demonstrates why the law is so "clearly outdated".

The law protecting sperm donors from parental liability was passed in the 1970s, when most women seeking fertility treatment were married. Because treatment was new and cumbersome it had to be administered by a doctor.

But medical advances now offer cheaper, easier alternatives to treatment in a clinic.

Single mothers now make up as many as 49% of the women who receive donor conception treatment, says Wendy Kramer, director of the Donor Sibling Registry.

Zero legal protectionLesbian, gay, bisexual and transgender families account for another third of recipients, with heterosexual couples making up the balance, she says.

"That's a huge difference from when I became pregnant 22 years ago," she says. "At that time most of the women were like me - married, infertile couples."

Ms Kramer emphasises that because donor recipients have not been required to report live births back to sperm banks, healthcare practitioners, regulators and legislators have been unable accurately to track the changing landscape.

She adds that there is "zero" tracking for sperm donors who do not go through clinics.

And in these casual arrangements, there is also zero legal protection for the biological mother and father.

Nearly all the current litigation involving sperm donors stems from complications arising out of private donations.

Under the Uniform Parentage Act of 1973, the law on the books in most US states, a physician's involvement ensures the donor has no parental liability.

In Mr Marotta's case, this rule made all the difference. Because the women used a home insemination kit instead of a doctor, he could be on the hook for about $6,000 in child support, his lawyer Ben Swinnen says.

But Prof Kindregan sees "no rational connection" between the use of a doctor in the procedure and the assignment of legal responsibility for the child.

A physician "may hopefully ensure the procedure is done correctly, but is irrelevant as to the potential parentage - or support - liability of either the sperm donor or the husband, if the woman is married," he says.

Other analysts say the requirement's original purpose was to protect children: Doctors can test the donation for sexually transmitted infection before clearing it for insemination"The philosophy of the legislators is [doctors] will do the mandatory testing against diseases such as HIV and hepatitis," says Steven Snyder, chairman of the American Bar Association's assisted reproductive technology group.

"Using a licensed physician also creates a 'proof platform'" protecting the state from couples claiming the father is in fact a donor in order to claim public benefits, he says.

But analysts agree the law needs to catch up with changing times and to enable courts to rule according to the wishes of the parties.

"As to intention, this is increasingly important in family law matters as the concept of family evolves into new forms," Prof Kindregan says.

New model parentage laws, including one written by the American Bar Association, propose dropping the physician requirement.

Mr Snyder says courts would be allowed to undertake fact finding to resolve disputes on a case-by-case basis.

Updated parentage bills are being considered in at least eight states, he says.

Mr Marotta's lawyer says that although his client did not know - and did not ask - whether the women would use a doctor, he did sign a contract giving up parental rights to a child born of his donation.

"Unlike what the state says, donor agreements are not void as a matter of law and should be enforced," Mr Swinnen argues.

An evidentiary hearing in Mr Marotta's case is scheduled for 10 April, and oral arguments will be heard on 18 June.

Oscar Pistorius denies Reeva Steenkamp South Africa murder




South African Olympic and Paralympic star Oscar Pistorius has strongly rejected a charge that he murdered his girlfriend, Reeva Steenkamp.

Ms Steenkamp, a 29-year-old model, was shot dead at Mr Pistorius's home near Pretoria on Thursday.

Appearing in court in Pretoria, Mr Pistorius wept as prosecutors vowed to pursue a charge of premeditated murder.

An application for bail was postponed until next Tuesday and the athlete will remain in police custody.

Dubbed "blade runner", he made history last summer by becoming the first double-amputee track athlete to run in an Olympic Games.

"The alleged murder is disputed in the strongest terms", said a statement released by Mr Pistorius's family and management company "Our thoughts and prayers today should be for Reeva and her family - regardless of the circumstances of this terrible, terrible tragedy," it said.

They were the first words released on behalf of the 26-year-old athlete since Ms Steenkamp was found fatally wounded at his home in the gated Silver Lakes development outside the South African capital.

'Traumatised'
However, he was seen hours earlier, sobbing during his appearance at Pretoria Magistrates Court.

Dozens of reporters witnessed the hearing, where chief magistrate Desmond Nair was presiding.

The BBC's Andrew Harding, who was there, said the defendant cut a lonely figure, holding his head forward and breathing heavily through tears.

Prosecutor Gerrie Nel argued for a "premeditated murder" charge. Mr Pistorius slumped forward at the mention of the words.Media access was discussed at the 40-minute session and the magistrate ruled that there should be no live recording of the bail hearings.

Mr Pistorius's team had argued against such coverage and cited his "extremely traumatised state of mind".

Both prosecution and defence agreed Mr Pistorius could remain in custody at a police station and not in prison.

Members of Mr Pistorius's family, including sister Aimee, brother Carl and father Henke, were in the courtroom.

Relatives reached forward to touch Mr Pistorius's shoulder as he stood and left the courtroom at the end of proceedings.

Mr Pistorius had earlier arrived at court in the back of a police vehicle, hiding his face with a jacket and notebook.

Forensic scientists are expected to continue examining the house in the Silver Lakes area on the outskirts of South Africa's administrative capital where Ms Steenkamp, 29, died.

Correspondents say the athlete's arrest has stunned the country where he is considered a national hero.

He is known as "blade runner" because of the carbon fibre prosthetic blades he races in. He was born without a fibula in both legs and had his legs amputated below the knee before his first birthday.

Police were called to his home in the early hours of Thursday morning.

They found paramedics treating a 29-year-old woman with four gunshot wounds to the head and upper body. She died at the scene, and officers recovered a 9mm pistol.

A post-mortem examination is being carried out on Friday but the results will not be made public, police said.

Mr Pistorius and Ms Steenkamp had reportedly been dating since November.

Mr Pistorius dominated in his category at successive Paralympic Games, but in 2008 he won a legal battle over his blades - which critics said gave him an unfair advantage - with the International Association of Athletics Federations (IAAF) for the right to compete in able-bodied competitions.

He reached the 400m semi-finals in the London 2012 Olympics. At the Paralympics he won silver in the T44 200m, gold in the 4x100 relay and gold in the T44 400m, setting a Paralympic record.

South Africa has one of the highest rates of crime in the world and many residents keep weapons to protect themselves against intruders.

But gun ownership is strictly regulated and it is not easy to obtain a licence.after the court hearing.



Anonymous hackers target US agency site




Hackers claiming to be from the activist group Anonymous have hacked a US government website in response to the death of Aaron Swartz.

Activists embedded a video statement on the homepage of the United States Sentencing Commission, an agency of the US government.

The statement referred to the death of Mr Swartz, an internet activist who apparently killed himself in January.

"Two weeks ago today, a line was crossed," the statement said.

"Two weeks ago today, Aaron Swartz was killed. Killed because he faced an impossible choice. Killed because he was forced into playing a game he could not win."

Mr Swartz, who was 26, was facing hacking charges and is believed to have taken his own life.

His federal trial was due to be held next month. If found guilty, he could have faced up to 35 years in prison.

Following his death, Mr Swartz's family released a statement blaming "intimidation" and "prosecutorial overreach" from the criminal justice system.

'Operation last resort'
The attack on the website was scheduled to begin at midnight eastern standard time, according to documents that appear to have been posted online by Anonymous activists.

Later on Saturday the website was not functioningThe USSC is responsible for issuing sentencing guidelines for US federal courts.

The hackers, who had labelled the attack "Operation Last Resort", said the site was chosen for symbolic reasons.

"The federal sentencing guidelines... enable prosecutors to cheat citizens of their constitutionally-guaranteed right to a fair trial, by a jury of their peers [and] are a clear violation of the 8th amendment protection against cruel and unusual punishments," the video statement said.

The statement also suggested the hackers had sensitive information relating to a number of US judges that may be made public.

There have been numerous attacks by hackers operating under the Anonymous banner in recent months.

On Thursday two British men were jailed after taking part in an attacks on payment services including Paypal, organised by Anonymous.

Government websites of the UK and other countries have also been the subjects of attacks.
 
Support : Creating Website | Johny Template | Mas Template
Copyright © 2011. Daily Headlines - All Rights Reserved
Template Created by Creating Website Published by Mas Template
Proudly powered by Blogger