Book contents
- The Construction of Fatherhood
- The Construction of Fatherhood
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 Fatherhood and the Law in Europe
- 2 The ECtHR and Fatherhood: Limits and Potential
- 3 Fatherhood and Assisted Reproduction
- 4 Post-Separation and Unmarried Fatherhood
- 5 Fatherhood and Family–Work Reconciliation
- 6 Fatherhood and Homosexuality
- 7 Fatherhood at the ECtHR
- Bibliography
- Index
3 - Fatherhood and Assisted Reproduction
Published online by Cambridge University Press: 21 November 2019
- The Construction of Fatherhood
- The Construction of Fatherhood
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Introduction
- 1 Fatherhood and the Law in Europe
- 2 The ECtHR and Fatherhood: Limits and Potential
- 3 Fatherhood and Assisted Reproduction
- 4 Post-Separation and Unmarried Fatherhood
- 5 Fatherhood and Family–Work Reconciliation
- 6 Fatherhood and Homosexuality
- 7 Fatherhood at the ECtHR
- Bibliography
- Index
Summary
In this chapter, the ECtHR’s understanding of fatherhood is traced in the context of assisted reproduction. Assisted reproductive technologies (ARTs) certainly represent one of the main forces responsible for the ongoing fragmentation of families and, more specifically, of fatherhood. By offering radical possibilities for disaggregating parenthood into different constituent parts, these techniques inevitably urge reflections and, ultimately, decisions upon what kind of tie – biological, marital (with the child’s mother), intentional/social, gestational, etc. – is most decisive to make someone a legal parent. ARTs, therefore, constitute a significant threat to the persistence of ‘conventional fatherhood’: not only because different roles of the traditional father figure are less likely to be undertaken by one man, but also because they introduce the ‘new’ element of intention that, in view of determining who should enjoy the legal status, rights and responsibilities of fatherhood, might clash and compete with some of the conventional parameters.
- Type
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- Information
- The Construction of FatherhoodThe Jurisprudence of the European Court of Human Rights, pp. 48 - 71Publisher: Cambridge University PressPrint publication year: 2019