Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?

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dc.contributor.advisorBarratt, Amandaen_ZA
dc.contributor.authorSmith, Samanthaen_ZA
dc.date.accessioned2015-11-21T09:38:40Z
dc.date.available2015-11-21T09:38:40Z
dc.date.issued2015en_ZA
dc.description.abstractThe terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support.en_ZA
dc.identifier.apacitationSmith, S. (2015). <i>Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/15196en_ZA
dc.identifier.chicagocitationSmith, Samantha. <i>"Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Private Law, 2015. http://hdl.handle.net/11427/15196en_ZA
dc.identifier.citationSmith, S. 2015. Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Smith, Samantha AB - The terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? TI - Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? UR - http://hdl.handle.net/11427/15196 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/15196
dc.identifier.vancouvercitationSmith S. Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Private Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15196en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Private Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPrivate Lawen_ZA
dc.subject.otherParental Rightsen_ZA
dc.subject.otherChild supporten_ZA
dc.subject.otherFamily Lawen_ZA
dc.titleStolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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