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Medical Care Law

Chapter 13 - Family Planning, Adoption, And Surrogacy

Highlights

There are special constitutional protections for reproductive medicine.

Family planning implicates the rights of fathers and mothers.

Surrogacy has legal implications for all participants.

Violation of adoption laws can result in criminal liability.

Full disclosure and careful investigation is critical in adoption and surrogacy.

Introduction

Ethical Dilemmas In Family Planning

Balancing the Health Care Practitioner's and the Patient's Rights

Contractual Limitations on Refusing To Provide Care

Consent for Reproductive Care

Taking A Sexual History

Contraception

Balancing the Risk of Pregnancy

Legally Mandated Warnings for Oral Contraceptives

Implantable Contraceptives

Natural Family Planning

HIV Infection and AIDS

Minors' Access to Contraception

Medical Issues in Contraception for Minors

Sterilization

Determining Which Partner To Sterilize

The Childless Patient

Sterilizing Minors and Incompetents

Federal Law Requirements

Informed Consent

Required Consent Form

Required Signatures

Required Certifications

Abortion

The Politics of Abortion

The Problem of Privacy

Protecting Personal Beliefs

Limiting Governmental Support

Consent to Abortion

Informing the Patient

Adoption Alternatives

Time Constraints

The Changing Nature of Abortion

Adoption And Parental Rights

Parental Rights

The Presumption of Legitimacy

Biological Fathers and Legitimization

Termination of Parental Rights

Adoption

Risks to Health Care Practitioners

Matchmaking

Evaluating Potential Adoptive Children

Access to Adoption-Related Records

Surrogate Parenthood

Davis v. Davis-The Tennessee Appeals Court Decision23

Davis v. Davis-The Tennessee Supreme Court Decision24

Conclusion

In the Matter of Baby M25

Facts

Invalidity and Unenforceability of Surrogacy Contract

A. Conflict with Statutory Provisions

B. Public Policy Considerations

References

Suggested Readings

Adoption

Family Planning and Abortion

Surrogacy

 

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