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Additional info for Law and the Unexpected: Relatives are Always a Surprise

Example text

So the arguments remain fascinating but inconclusive. Other problems are shifted, and the consequences of how people make decisions have evident effect in the conclusions people draw. Children born of donated gametes, and given the nature of the procedures it is more likely to have been the sperm donor rather than the egg donor who has been completely separated from the results of conception, are now in the position of having to decide whether or not pursue their genetic paternity. Members of Sydney’s Donor Conception Support Group are reported as saying: ‘They just want to find out who they are.

Heredity or heritage, one can think of genes in narrower or broader contexts in human affairs. And the boundary images of ‘family’ do their job twice over. At the same time this particular imagery is highly selective. There are many other things we know about families. So let us not assume what they are; let us stand back a second time, then, and return to the ordinary family we have already encountered. recombinant families Here lies a surprise. The Washington grandparents who petitioned for visitation rights found that the courts put different weight on the nuclear family.

The remark is hardly new. Reassessing ‘The mother of the legal person’, Savill (2002)40 notes how close the law can get. When the (British) Law Lords had to take a decision on culpability in an appeal over a fetus killed through injury done to the mother, speakers referred openly to the modern science of human fertilisation and the light it had thrown on the reality of embryological and fetal separateness. This in turn elicited a strong statement that there was nonetheless ‘an intimate bond’ between a mother and the fetus dependent on her body for its support.

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