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Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance?
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 wh...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2015
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| _version_ | 1867613156089528320 |
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| access_status_str | Open Access |
| author | Smith, Samantha |
| author2 | Barratt, Amanda |
| author_browse | Barratt, Amanda Smith, Samantha |
| author_facet | Barratt, Amanda Smith, Samantha |
| author_sort | Smith, Samantha |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/15196 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:38.662Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/15196 Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? Smith, Samantha Barratt, Amanda Private Law Parental Rights Child support Family Law 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. 2015-11-21T09:38:40Z 2015-11-21T09:38:40Z 2015 Master Thesis Masters LLM http://hdl.handle.net/11427/15196 eng application/pdf Department of Private Law Faculty of Law University of Cape Town |
| spellingShingle | Private Law Parental Rights Child support Family Law Smith, Samantha Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| thesis_degree_str | Master's |
| title | Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| title_full | Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| title_fullStr | Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| title_full_unstemmed | Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| title_short | Stolen sperm : should the law absolve an involuntary father from the duty to furnish child maintenance? |
| title_sort | stolen sperm should the law absolve an involuntary father from the duty to furnish child maintenance |
| topic | Private Law Parental Rights Child support Family Law |
| url | http://hdl.handle.net/11427/15196 |
| work_keys_str_mv | AT smithsamantha stolenspermshouldthelawabsolveaninvoluntaryfatherfromthedutytofurnishchildmaintenance |