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PubMed1988

Act (Public Law 175-1988) of 5 March 1988.

This Indiana Act declares that it is against public policy to enforce any term of a surrogate agreement that requires a surrogate to do any of the following: 1) provide a gamete to conceive a child; 2) become pregnant; 3) consent to undergo or undergo an abortion; 4) undergo medical or psychological treatment or examination; 5) use a substance or engage in activity only in accordance with the demands of another person; 6) waive parental rights or duties to a child; 7) terminate care, custody, or control of a child; and 8) consent to a stepparent adoption. Such agreements are to be void and are defined as "an agreement entered into before the birth of a child that is entered into between a surrogate and one (1) or more parties and that is intended by the parties at the time the agreement is made to induce the surrogate to relinquish care, custody, and control over the child at birth to any of the following: 1) an intended biological parent of the child; 2) an intended biological parent of the child and another person who is not: a) genetically related to the child; and b) the surrogate's spouse; and 3) two (2) intended biological parents of the child."

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PubMed1988

Act relating to surrogate parenthood contracts, 10 February 1988.

This Nebraska Act provides that surrogate parenthood contracts are void and unenforceable and that the "biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to the child." A surrogate parenthood contract is defined as "a contract by which a woman is to be compensated for bearing a child of a man who is not her husband."

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PubMed1988

Brooks v. Fair, 29 June 1988.

The mother of a child conceived by means of artificial insemination sought to establish the nonpaternity of her former husband who, when married, had agreed to the artificial insemination by a third-party donor. The former husband opposed the mother's action. The Court of Appeals of Ohio held that a statute enacted in 1982 providing for an action to determine the existence or nonexistence of paternity could not be applied retroactively to a birth that had occurred in 1975. It also ruled that it was against public policy to establish the nonpaternity of a husband when the parties to a marriage agree to conceive a child by means of artificial insemination. On 15 September 1988, the Illinois Appellate Court held that failure to obtain the written consent of a husband before a wife undergoes an artificial insemination procedure, as required by state law, does not bar imposition of the duty of support on the husband. It upheld the decision of a lower court imposing such a duty on the basis of the husband's conduct before, during, and after the birth of the child. See In re Adams, Family Law Reporter, Vol. 15, 1 November 1988, p. 1005.

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PubMed1988

The Parsi Marriage and Divorce (Amendment) Act, 1988 (No. 5 of 1988), 25 March 1988.

This Act amends the Parsi Marriage and Divorce Act, 1936, of India in the following ways, among others: 1) marriage age is set at 21 for males and 18 for females (even if they have changed religion); 2) children of invalid marriages are legitimate if they would have been legitimate if the marriage had been valid; 3) divorce can be obtained on the grounds of incurable unsoundness of mind for a period of two years; cruelty; desertion for two years (instead of three, as previously); nonresumption of cohabitation after a decree for separate maintenance for one year (instead of two years); conversion to some other religion (not merely ceasing to be a Parsi); nonresumption of cohabitation for one year after a decree of judicial separation or restitution of conjugal rights, regardless of guilt; and mutual consent; 4) both husband and wife have equal rights to obtain provisional alimony and permanent alimony and maintenance from each other; 5) the age for custody and maintenance of children is increased from 16 to 18; and 6) all suits brought under the law are to tried in camera.

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PubMed1988

Civil Code (Amendment) Act, 1988 (No. 4 of 1988), 21 May 1988.

This Act amends the Civil Code of Saint Lucia to do the following, among other things: 1) allow marriage to be celebrated by giving notice; 2) legalize divorce; 3) allow all children to be legitimated by the subsequent marriage of their parents; 4) remove differences in the treatment of children born within marriage and those born outside of marriage; 5) lower to 18 the age of majority and the age under which consent must be obtained in order to marry. A number of these changes are consolidations of earlier amendments made to the Civil Code.

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PubMed1988

The Reciprocal Enforcement of Support Orders Act, 8 July 1988.

This Act provides for the enforcement in Newfoundland, Canada, of support orders from reciprocating jurisdictions. It contains rules relating to final orders, provisional orders, determination of parentage, conflict of laws, registered orders, variation of orders, and appeals, among other things.

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