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Offering intentional parenthood as the most appropriate, flexible and just normative doctrine for resolving the various dilemmas that have surfaced in the modern era.
List of contents
Preface; Acknowledgments; Introduction; 1. The shift in the traditional family structure, modern ART and how they are undermining the accepted models for determining legal parentage; 2. An overview of the current ART, the dilemmas it surfaces and the role of DLPBA in the positive law; 3. Overview of the objections to DLPBA in the positive legal system; 4. An overview of the arguments that support DLPBA; 5. Refuting the objections to DLPBA in the positive legal system; 6. The theoretical and practical infrastructure of DLPBA; 7. Implementing DLPBA in the various scenarios; Conclusions; Index; Bibliography.
About the author
Yehezkel Margalit is Senior Lecturer of Law at Netanya Academic College and Bar-Ilan University and Visiting Research Scholar at New York University Law School (2011–2012). He is the author of The Jewish Family: Between Family Law and Contract Law (Cambridge, 2018).
Summary
This book deals with the nexus of modern contract and family law for resolving the various dilemmas that have surfaced. It explores whether and to what extent there is room, legally and ethically, for the use of modern contractual devices and doctrines to privately regulate the establishment of legal parentage.