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Decree No. 2.405, Regulations for the Law on the Protection of Minors, 11 January 1984.
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Family Law Amendment Act 1987 (No. 181 of 1987), 26 December 1987.
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Peter Rarai v. Susan Collins, 14 March 1986.
The National Court of Papua New Guinea held that, under the Deserted Wives and Children Act, a father can be ordered to pay maintenance for a child born out of wedlock as well as for a child born in wedlock.
The Bastardy Laws (Increase of Payments) Act, 1988 (No. 2 of 1988), 5 January 1988.
This Sierra Leone Act provides that "Section 4 of the Bastardy Laws Amendment Act, 1872, (which provides for the making of an order on the putative father for the maintenance, etc. of a bastard child) shall have effect as well for the purpose of pending applications as for the purpose of future applications as though '100 leones a week' were therein substituted for '30 shillings a week'." The Act also allows orders already made to be varied by increasing the sum to be paid up to 100 leones.
Public Law 100-485, Family Support Act of 1988, 13 October 1988.
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European Convention on the Legal Status of Children Born out of Wedlock.
Greece ratified the European Convention on the Legal Status of Children Born out of Wedlock on 15 June 1988, and Ireland ratified it on 5 October 1988.
The Children's Law Act, 1988, 8 July 1988.
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Act No. 18.703 setting forth rules on the adoption of minors and repealing Act 16.346, 26 April 1988.
This Act sets forth new rules on the adoption of minors in Chile. It provides for two kinds of adoption: simple and full adoption. A simple adoption has no effect on civil status and a child retains its rights and obligations with respect to its natural family. Persons adopting act as foster parents who take on obligations to give food, shelter, and education to the child until it reaches the age of majority or a judicial decision has declared an end to the adoption, or the child has become the subject of a full adoption. Persons who have reached the age of majority and have full civil capacity may adopt, although a married person may adopt only if his or her spouse consents. A full adoption is irrevocable; under a full adoption a child's ties to its original parents are severed and it obtains the status of a legitimate child of the persons adopting. A child may be adopted under a full adoption if it is an orphan, if its parents are unknown, if it has been abandoned, or if it is the child of one of the adopting parties. A child may be considered abandoned, even if under the care of its parents, if it has not received their personal attention for a year or if it has been left in the care of an institution. Persons adopting under a full adoption must in general be married to each other for at least four years, be over the age of 25 and under the age of 60, be at least 20 years older than the adopted child, and have cared for the child for at least a year. The Act also contains provisions on minors leaving Chile for adoption abroad.
Decree No. 12/1987, 29 June 1987.
This Decree sets forth unified regulations on the guardianship authorities in Hungary. It contains detailed provisions on the activities of the authorities with respect to marriage, family status, adoption, parental authority and state care, guardianship, and management of property. The Decree also contains provisions on international law with respect to guardianship and procedures.
Status of Children Act 1987 (No. 26 of 1987), 14 December 1987.
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Act partially amending the Civil Code and other laws, 26 September 1987.
This Act amends the adoption provisions of the Japanese Civil Code to introduce special adoption. The following are the major principles governing special adoption: 1) special adoption occurs when decreed by the family court in circumstances where it is considered particularly necessary (e.g., when parental care is difficult or inadequate); 2) the adoptive parents should, in general, be married and be at least 25 years old; 3) the child adopted should be under six years old, but can be up to eight years old if the prospective adopters have taken care of it before it reached the age of six; 4) both parents of the child must give consent to adoption; 5) the adoption decree is not to be issued until the prospective parents have taken care of the child for at least six months; 6) legal ties between the natural parents or blood relatives and the child are terminated by the adoption decree, although the prohibitions on marriage between close relatives still apply; 7) the adopted child is considered the legitimate child of the adopting parents; 8) adoption is irrevocable except in circumstances where the adoptive parents abuse or desert the child and the natural parents can take care of the child. The Law also amends general adoption rules (under which ties to the natural parents are not severed) to allow one spouse to adopt unless the adoptee is a minor child.
Family Law Amendment Act (No. 72 of 1983), 28 October 1983.
This Act contains the following provision relating to the status of children born in Australia as the result of assisted reproduction: "Certain children deemed to be children of mother's husband. 5A. 1) A child born to a woman as a result of the carrying out, during the period in which the woman was married to a man, of a medical procedure in relation to that woman, being a child who is not biologically the child of that man, shall, for the purposes of section 5, be deemed to be a child of that man if (a) the medical procedure was carried out with the consent of that man; or (b) under an Act or under a law of a State or Territory the child is deemed to be the child of that man. 2) The provisions of this section apply in relation to a purported marriage that is void as if the purported marriage were a marriage and as if the parties to the purported marriage were husband and wife. 3) In this section, 'medical procedure' means artificial insemination or the implantation of an embryo in the body of a woman."
Status of Children Act Amendment Act 1988 (No. 64 of 1988), 6 October 1988.
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Judgment, 8 June 1988.
The Court held that the process of in vitro fertilization, even if revealing in certain fashion attested to by medical certificate that the deceased man was the father of his companion's children born after his death, cannot be considered as an authentic act of acknowledgement of paternity under Article 335 of the French Civil Code. Nonetheless, the Court also ruled that the process could constitute an element of the fact of civil status to be taken advantage of by the children and corroborated by other means in establishing paternity under Article 334-8 of the Civil Code. It allowed the motion of the mother that the children bear her deceased companion's family name.
Judgment, 25 March 1987.
The plaintiff was a single woman who was hired by the defendant as a surrogate mother. After having sex with the defendant four times, the plaintiff became pregnant and then entered into a written contract with the defendant to hand over the resulting child to the defendant and his wife for the payment of 28,600 DM. The contract also stipulated that if, subsequent to giving birth, the plaintiff decided to keep the child, she was to return any payments received from the defendant. After the birth of the child, the plaintiff, who had already received 4,300 DM, did decide to keep the child but did not return the 4,300 DM and sued the defendant for child support. He in turn sued to contest his fatherhood. While both suits were pending, the defendant and his wife revealed the nature of the transaction to friends, relatives, and coworkers of the defendant. The plaintiff then sued for slander, and the defendant sued for fraud in termination of the contract and for loss of personal rights. The Regional Court at Freiburg, Federal Republic of Germany, dismissed both suits. It ruled that there was no slander because the facts revealed by the defendant were true. It ruled that the defendant could not recover the 4,300 DM for fraud, because there was no damage to his personal rights since he was not tricked into sleeping with the plaintiff and forfeited protection of his personal rights by entering into a contract exchanging sex for money.
Judgment, December 1988.
The Tribunal of Utrecht, the Netherlands, refused a sperm donor the right to visit his biological child. It held that a donor has this right only in exceptional circumstances.
Law amending the Family Act, 14 June 1988.
This Law amends the Swedish Family Act to provide that, if a woman's egg has been fertilized outside of her body with the approval of her husband or of the person with whom she cohabits, then this person is to be regarded as the father of any child for the purposes of Sections 2-5 of Chapter 1 of the Act, if it is probable in the circumstances that the child is the result of the fertilization.