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Re an Adoption Application (Surrogacy), 11 March 1987.

The Court was asked to make an adoption order in favor of a couple who had paid another woman to bear a child for them using the husband's sperm. The Court made the order, noting that the Surrogacy Arrangements Act 1985, which bans commercial surrogacy agencies, negotiations, and advertisements had not been enacted at the time of this arrangement. It also held that the arrangement did not violate the Adoption Act 1958, which prohibits payments or rewards for or in consideration of adoption, because the payment to the surrogate was not made in contemplation of adoption. Moreover, it concluded that even if the payment had been made in contemplation of adoption, the Adoption Act gave the Court the power to authorize the payment retrospectively.

Adoption↗

Peculiarities of participation of the fronto-thalamo-caudate system in extrapolatory behavior.

After observing a chimpanzee constructing a step-ladder to reach a hanging fruit, on one of his "Wednesday-meetings" (on November 13th, 1935), I. P. Pavlov said that one could not call this complex behavior "a conditioned reflex," "...this is the beginning of knowledge accumulation, establishment of constant connections between objects--the basis, underlying the scientific activity, causality laws and so on" (Pavlovskije sredi, 1949, v. 3, p. 263). So, I.P. Pavlov thought that higher nervous activity had, besides the conditioned reflex, other forms of manifestation. These ideas were developed by the famous Soviet scientist Prof. L. V. Krushinsky (1911-1984) (Chief of the Laboratory of Physiology and Genetics of Behavior, Dept. of Physiology of Higher Nervous Activity, the Biofaculty of the Moscow State Univ.). The results of this work were first published in 1958 and opened a new trend in the behavioral research. L.V. Krushinsky was the first to distinguish an extrapolatory reflex (as he called it) from a great number of complex behavioral acts. This reflex is one of the types of association, underlying the animal ability to perceive objective reality. "The more laws, interrelating the environmental elements the animal perceives, the more developed rational activity it has" (Krushinsky, 1986, p. 11, 234). L. V. Krushinsky adopted the term "extrapolation" from mathematics. It means definition of the value of the function outside of the limits of the interval where the function is already defined. In the case with extrapolatory behavior one speaks about the animal's ability to perceive this regularity. Our interest in the role of association brain structures during this behavior is not occasional. Clinical and, mainly, neuropsychological researches of Luria and his coworkers, and the experimental analysis of conditioned-reflex behavior suggest a great role of the above structures in complex forms of higher nervous activity. Just the forebrain association structures--frontal, parietal, temporal cortical areas, as well as the caudate nucleus and the association thalamic nuclei--are undergoing a complex evolutionary development in mammals. We see the culmination of their development in man. This paper sums up our research concerning the role of the most important forebrain association structures in realization of extrapolatory reflex. Here we publish the results of our experiments on cats.

Animals↗

[Benzodiazepines and forensic aspects].

Adverse effects of benzodiazepines are well known since the first one was used in 1958 (chlordiazepoxide). The literature collects study-cases or rarely controlled studies concerning side effects or paradoxical reactions to benzodiazepines. They mostly described drowsiness and behavioral disinhibition, including increased well-being feeling but also hostility, rage access with feeling of invulnerability, serious crimes and sometimes homicides. Delusional, manic, confusional or depressive states are also pointed out. Rate for aggressive behaviour is 0.3 to 0.7% but distinction should be done between accidental or "idiosyncratic" reaction and voluntary sought disinhibition, clearly more frequent. No benzodiazepine has any specificity for these adverse effects but pharmacology, doses, associated drugs (or alcohol) and psychopathology interact to produce hazardous psychic states. Pharmacology: GABA induces a decrease in serotonin compound and vigilance. Pharmacokinetic: first dose effect or over-dose effect, short half-life, lipophily, affinity, digestive absorption, active metabolites interact. Psychopathology: age, alcohol association, psychological status (high initial level of hostility, impulsivity, frustration, personality disorder and depressive status). External conditions: chronic illness, affective and professional frustrations, physical or psychic exhaustion contribute also. Some benzodiazepines (flunitrazepam, diazepam, clorazepate, triazolam, alprazolam, lorazepam, for example) are more often concerned for pharmacokinetics characteristics but also prescription habits. Forensic aspects should be considered in case of homicide. Especially, reality of benzodiazepines consumption and awareness of the potential paradoxical reaction should be precisely evaluated. Special focus on voluntary induced disinhibition has to be done for forensic considerations. Relationship but also crime facilitations are sometimes consciously sought. Some benzodiazepines have already been identified for this use: flunitrazepam, clorazepate but also triazolam and temazepam in UK, alprazolam in USA. Flunitrazepam is prohibited in USA and considered as narcotics in France. A Swedish study showed that violent acts were more frequent and serious in juvenile offenders taking flunitrazepam/alcohol than other young offenders staying in the same correctional institution. They recommended classification of flunitrazepam as narcotic. A study from Belgium with drug addicts concluded in the same way and asked for an increased information of professionals and a more efficient control of the delivery. Before concluding to idiosyncratic effect, and then possibly to penal irresponsibility, the forensic approach should consider: firstly the reality of the benzodiazepines absorption and implication in committing violence (urine test, chronology, amnesia); secondly, the association of unusual behaviour and converging circumstances (pharmacological, pharmacokinetic, psychopathology, external conditions); thirdly the consumer's knowledge of the disinhibition effect. In our prison practice, we have to be particularly cautious as population frequently associates personality disorder, drug addiction and high level of frustration related to penitential context. Special information should be given to inmates when benzodiazepines are prescribed, but more extensively, a preventive strategy should be adopted in general population.

Aggression↗