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Mater Semper Certa Est
("The mother is always certain") is a Roman-law principle which has the power of , meaning that no counter-evidence can be made against this principle (literally: presumption of law and by law). It provides that the mother of the child is conclusively established, from the moment of birth, by the mother's role in the birth. Since egg donation, or embryo donation with surrogacy, started using the technique of ''in-vitro'' fertilization, the principle of has been shaken, since a child may have a ''genetic'' and a ''gestational'' ("birth"), let alone a "social", mother who are different individuals. Since then some countries have converted the old natural law to an equivalent codified law; in 1997 Germany introduced paragraph 1571 ("motherhood") of the BGB ( civil code) reading ("the mother of a child is the woman who gave birth to it"). This has also been tested in the British case of Freddy McConnell. The Roman law principle, however, does not stop at the mother, in fact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conclusive Presumption
A conclusive presumption, also known as an irrebuttable presumption, is a type of presumption used in several legal systems. In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary. For example, a child below the age of criminal responsibility is presumed to be incapable of committing a felony. Australia In Australian law, it is a conclusive presumption that no child under the age of 10 can be held responsible for criminal action. This presumption exists to protect children by acknowledging that they do not have sufficient development to understand the gravity and consequences of committing a criminal act. Canada Recent amendments to Impaired Driving law allows the Crown to rely on a conclusive presumption. Normally, where the police conduct a breathalyzer test within 2 hours of the operation of a conveyance (or care and control), the court can accept the blood al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Vitro Fertilisation
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) from their ovaries and letting sperm fertilise them in a culture medium in a laboratory. After the fertilised egg (zygote) undergoes embryo culture for 2–6 days, it is transferred by catheter into the uterus, with the intention of establishing a successful pregnancy. IVF is a type of assisted reproductive technology used for infertility treatment, gestational surrogacy, and, in combination with pre-implantation genetic testing, avoiding transmission of genetic conditions. A fertilised egg from a donor may implant into a surrogate's uterus, and the resulting child is genetically unrelated to the surrogate. Some countries have banned or otherwise regulate the availability of IVF treatment, giving rise to fertility tourism. Restrict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Birth
Birth is the act or process of bearing or bringing forth offspring, also referred to in technical contexts as parturition. In mammals, the process is initiated by hormones which cause the muscular walls of the uterus to contract, expelling the fetus at a developmental stage when it is ready to feed and breathe. In some species the offspring is precocial and can move around almost immediately after birth but in others it is altricial and completely dependent on parenting. In marsupials, the fetus is born at a very immature stage after a short gestation and develops further in its mother's womb pouch. It is not only mammals that give birth. Some reptiles, amphibians, fish and invertebrates carry their developing young inside them. Some of these are ovoviviparous, with the eggs being hatched inside the mother's body, and others are viviparous, with the embryo developing inside her body, as in the case of mammals. Mammals Large mammals, such as primates, cattle, horses, some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bürgerliches Gesetzbuch
The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in several other civil law jurisdictions, including Japan, South Korea, the Republic of China (Taiwan), Thailand, Brazil, Greece, Estonia, Latvia and Ukraine. It also had a major influence on the 1907 Swiss civil code, the 1942 Italian civil code, the 1966 Portuguese civil code, and the 1992 reformed Dutch civil code. History German Empire The introduction in France of the Napoleonic code in 1804 created in Germany a similar desire for obtaining a civil code (despite the opposition of the Historical School of Law of Friedrich Carl von Savigny), which would systematize and unify the various heterogeneous laws that were in effect in the country. However, the realization of such an attempt during the life of the German Confederat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freddy McConnell
Alfred Reuben McConnell (born September 1986) is an English multimedia journalist who writes about transgender rights in the United Kingdom. He is most well known for being a transgender man who gave birth. The experience leading to his giving birth is detailed in the 2019 documentary ''Seahorse'' that premiered at the Tribeca Film Festival. Education and career McConnell grew up in Deal, Kent. He studied at the University of Edinburgh and graduated with a 2:1 undergraduate degree in Arabic. In 2011, He worked for the NGO Skateistan in Kabul, Afghanistan for a period of six months. While in Afghanistan, he transitioned publicly, and was accepted by his colleagues as a man. In 2012, McConnell decided to enrol in a short-term American immersion programme for Arabic. This programme was through Middlebury College over the summer of 2012 in San Francisco, California. McConnell now works as a multimedia journalist for the '' Guardian.'' Transition From a very young age, McConne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paternity Fraud
Paternity fraud, also known as misattributed paternity or paternal discrepancy, occurs when a man is incorrectly identified as the biological father of a child. The underlying assumption of "paternity fraud" is that the mother deliberately misidentified the biological father, while "misattributed paternity" may be accidental. Paternity fraud is related to the historical understanding of adultery. Occurrence Research published in 2016 indicated that one in 50 British fathers is unknowingly raising a child who is the biological child of another man, and that misattributed paternity is rarer than commonly believed. A 2005 scientific review of international published studies of paternal discrepancy found a range in incidence, around the world, from 0.8% to 30% (median 3.7%). However, as many of the studies were conducted between the 1950s and the 1980s, numbers may be unreliable due to the inaccuracies of genetic testing methods and procedures used at the time. Studies ranging in dat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paternity (law)
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support. Under common law, a child born to a married woman is presumed to be the child of her husband by virtue of a "presumption of paternity" or presumption of legitimacy. In consideration of a possible non-paternity event (which may or may not include paternity fraud) these presumptions may be rebutted by evidence to the contrary, for example, in disputed child custody and child support cases during divorce, annulment or legal separation. In the case of a father not married to a child's m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
DNA Testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or through biochemical analysis to measure specific protein output. In a medical setting, genetic testing can be used to diagnose or rule out suspected genetic disorders, predict risks for specific conditions, or gain information that can be used to customize medical treatments based on an individual's genetic makeup. Genetic testing can also be used to determine biological relatives, such as a child's biological parentage (genetic mother and father) through DNA paternity testing, or be used to broadly predict an individual's ancestry. Genetic testing of plants and animals can be used for similar reasons as in humans (e.g. to assess relatedness/ancestry or predict/diagnose genetic disorders), to gain information used for selective breedi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lydia Fairchild
Lydia Fairchild (born 1976) is an American woman who exhibits chimerism, having two distinct populations of DNA among the cells of her body. She was pregnant with her third child when she and the father of her children, Jamie Townsend, separated. When Fairchild applied for enforcement of child support in 2002, providing DNA evidence of Townsend's paternity was a routine requirement. While the results showed Townsend to certainly be their father, they seemed to rule out her being their mother. Fairchild stood accused of fraud by either claiming benefits for other people's children, or taking part in a surrogacy scam, and records of her prior births were put similarly in doubt. Prosecutors called for her two children to be taken away from her, believing them not to be hers. As time came for her to give birth to her third child, the judge ordered that an observer be present at the birth, ensure that blood samples were immediately taken from both the child and Fairchild, and be avail ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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